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PEOPLE v. VASQUEZ

Docket No. D013969.

7 Cal.App.4th 763 (1992)

9 Cal. Rptr.2d 255

THE PEOPLE, Plaintiff and Respondent, v. APOLONIO JOSE VASQUEZ, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

June 22, 1992.

Attorney(s) appearing for the Case

COUNSEL

Steven L. Whiteside, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Harley D. Mayfield and Gary W. Schons, Assistant Attorneys General, Rudolf Corona, Jr., and Maxine P. Cutler, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HUFFMAN, J.

In this case, we conclude Apolonio Jose Vasquez is entitled to reversal of his enhancement findings based on his being armed with and using a "firearm" (Pen. Code,1 §§ 12022, subd. (a), 12022.5, subd. (a)) as defined under section 12001.1. Although the crimes underlying his second degree robbery convictions (§ 211) occurred in 1990, section 12001.1, operative at that...

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