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PEOPLE v. HERRERA

No. G021034.

83 Cal.Rptr.2d 307 (1999)

70 Cal.App.4th 1456

The PEOPLE, Plaintiff and Respondent, v. Cesar M. HERRERA, Defendant and Appellant.

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

Review Denied June 23, 1999.

Attorney(s) appearing for the Case

Joyce M. Keller, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Laura W. Halgren and Frederick B. Clark, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SILLS, P.J.

Cesar M. Herrera participated in a gang-related shooting in which a young boy and a man were injured. Herrera challenges the sufficiency of the evidence to support his convictions for conspiracy to commit murder and attempted premeditated murder; he also attacks the jury instructions pertaining to those counts. He claims the sentencing court erred by imposing an eight-month term for a gang enhancement on one of the attempted murder counts...

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