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  5. 76 Cal.Rptr.2d 443 (1998)
 

PEOPLE v. SIMS

No. C026124.

76 Cal.Rptr.2d 443 (1998)

The PEOPLE, Plaintiff and Respondent, v. James SIMS, Defendant and Appellant.

Court of Appeals of California, Third District.

Review Denied October 14, 1998.

Attorney(s) appearing for the Case

Central California Appellate Program and Mark L. Christiansen, under appointment by the Court of Appeal, Granite Bay, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, J. Robert Jibson, Supervising Deputy Attorney General, and Jean M. Marinovich, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

SCOTLAND, Associate Justice.

A jury convicted defendant James Sims of second degree murder (Pen.Code, §§ 187, 189) and found he used a firearm in the commission of the offense (Pen.Code, § 12022.5). The trial court sentenced defendant to state prison and ordered him to pay restitution to the victim's family.

In the published part of this opinion, we reject defendant's contention...

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