PEOPLE v. SHAMBATUYEV

Docket No. A070504.

50 Cal.App.4th 267 (1996)

THE PEOPLE, Plaintiff and Respondent, v. EUGENE SHAMBATUYEV, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

October 25, 1996.


Attorney(s) appearing for the Case

COUNSEL

Victor J. Morse, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Joan Killeen and Monna Nandi, Deputy Attorneys General, for Plaintiff and Respondent.


[Opinion certified for partial publication.1]

OPINION

HANING, J.

Eugene Shambatuyev appeals his conviction by jury trial of robbery of a taxicab driver (Pen. Code,2 § 212.5, subd. (a)) and first degree murder (§ 187). The jury found true allegations of firearm use (§ 12022.5, subd. (a)) and the special circumstance that the murder was committed

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