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PEOPLE v. DE LEON

Docket No. B061786.

10 Cal.App.4th 815 (1992)

12 Cal. Rptr.2d 825

THE PEOPLE, Plaintiff and Respondent, v. ELMOR JACOB DE LEON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

October 27, 1992.

Attorney(s) appearing for the Case

COUNSEL

Gary M. Bock, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Acting Assistant Attorney General, William T. Harter and Donald T. Oeser, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WOODS (Fred), J.

A jury convicted appellant of second degree murder (count I, Pen. Code,1 § 187, subd. (a)), attempted second degree murder (count II, §§ 664/187, subd. (a)), assault with a firearm (count III, § 245, subd. (a)(2)) and found gun use allegations (§ 12022.5), as to each count, true.

Appellant contends the trial court committed error, prejudicial as...

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