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PEOPLE v. CORTEZ

No. B114504.

86 Cal.Rptr.2d 234 (1999)

73 Cal.App.4th 276

The PEOPLE, Plaintiff and Respondent, v. Mierejildo CORTEZ, Defendant and Appellant.

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

Review Denied October 6, 1999.

Attorney(s) appearing for the Case

Richard Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Noah P. Hill, Deputy Attorney General, for Plaintiff and Respondent.

CROSKEY, J.

Mierejildo Cortez appeals from the judgment entered following his conviction by jury of possession of a firearm by a felon (Pen.Code, § 12021, subd. (a)(1)), with court findings that he suffered two prior felony convictions. (Pen.Code, §§ 667, subd. (d), 1170.12, subd. (a)(1).) He was sentenced to prison for 25 years to life.

In this case, we hold there is insufficient evidence that Cortez's 1992 conviction for discharging a firearm...

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