PEOPLE v. BARILLAS

Docket No. B094768, 1023.

49 Cal.App.4th 1012 (1996)

THE PEOPLE, Plaintiff and Respondent, v. OMAR WALDO BARILLAS, Defendant and Appellant.

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

September 27, 1996.


Attorney(s) appearing for the Case

COUNSEL

Kim Malcheski, 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 Joseph P. Lee, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

LILLIE, P.J.

A jury convicted appellant of first degree murder (Pen. Code, § 189; count I; statutory references, unless otherwise noted, are to the Penal Code), attempted robbery (§§ 664/211; count II), residential burglary (§ 459; count IV), and two counts of robbery (§ 211; counts III and V). Personal gun use allegations — as to all counts except burglary — were found true (§ 12022...

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