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PEOPLE v. SINCLAIR

No. B111267.

75 Cal.Rptr.2d 626 (1998)

64 Cal.App.4th 1012

The PEOPLE, Plaintiff and Respondent, v. Basil Roy SINCLAIR, Defendant and Appellant.

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

Rehearing Denied July 8, 1998.

Review Denied September 16, 1998.

Attorney(s) appearing for the Case

Marilyn G. Burkhardt, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Herbert S. Tetef, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication*

TURNER, Presiding Justice.

Defendant, Basil Roy Sinclair, appeals after he was convicted of second degree murder and was found to have used a firearm. (Pen.Code,1 §§ 187,12022.5.) In the published portion of the opinion, we conclude defendant, who testified before the jury at trial he never fired the fatal...

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