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PEOPLE v. VACCA

Docket No. B088305.

38 Cal.App.4th 804 (1995)

45 Cal. Rptr.2d 483

THE PEOPLE, Plaintiff and Respondent, v. LARRY JACK VACCA, Defendant and Appellant.

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

September 26, 1995.

Attorney(s) appearing for the Case

COUNSEL

Jerry D. Whatley, 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, Assistant Attorney General, Linda C. Johnson and Brad D. Levenson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.

Larry Jack Vacca appeals from the judgment entered following a jury trial that resulted in his conviction of assault with a firearm on a peace officer in which he personally used a firearm (Pen. Code, §§ 245, subd. (d)(1), 12022.5).1 He contends: "I. The trial court erred by failing to exercise its discretion as to whether to impose the firearm use enhancement[.] [¶] II...

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