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PEOPLE v. AGUIRRE

Docket Nos. F020060, F021513.

31 Cal.App.4th 391 (1995)

37 Cal. Rptr.2d 48

THE PEOPLE, Plaintiff and Respondent, v. MARCIAL AGUIRRE, Defendant and Appellant. In re MARCIAL AGUIRRE on Habeas Corpus.

Court of Appeals of California, Fifth District.

January 6, 1995.

Attorney(s) appearing for the Case

COUNSEL

Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert A. Anderson, Assistant Attorney General, Michael J. Weinberger and Janis Shank McLean, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

ARDAIZ, P.J.

Appellant was convicted of the attempted first degree murder of Officer Epifiano Cardenas of the Fresno Police Department. (Pen. Code, §§ 664, 187.) The attempted murder qualified as first degree murder on the basis that appellant had attempted a "willful, deliberate, and premeditated" killing of Cardenas. (Pen. Code,...

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