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PEOPLE v. SOTO

No. B114847.

88 Cal.Rptr.2d 688 (1999)

74 Cal.App.4th 1099

The PEOPLE, Plaintiff and Respondent, v. Paul R. SOTO et al., Defendants and Appellants.

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

Rehearing Denied October 7, 1999.

Review Denied December 15, 1999.

Attorney(s) appearing for the Case

Barbara A. Smith, under appointment by the Court of Appeal, Spring Valley, for Defendant and Appellant Paul R. Soto.

Tracy J. Dressner, under appointment by the Court of Appeal, La Crescenta, for Defendant and Appellant Michael Alvarado.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Kenneth C. Byrne, Supervising Deputy Attorney General, and Beverly K. Falk, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

EPSTEIN, J.

Paul R. Soto and Michael Alvarado appeal from their judgments of conviction by jury trial of murder (Pen.Code, § 187)1 and attempted robbery (§ 664/211).

In the published portion of this opinion, we consider Alvarado's argument that the trial court erred in refusing to reduce his first degree murder conviction to manslaughter. We conclude...

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