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PEOPLE v. CERVANTES

No. G022732.

88 Cal.Rptr.2d 853 (1999)

The PEOPLE, Plaintiff and Respondent, v. Israel CERVANTES, Defendant and Appellant.

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

Review Granted December 21, 1999.

Attorney(s) appearing for the Case

Philip M. Brooks, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

BEDSWORTH, J.

Gang member Israel Cervantes was convicted of provocative act murder for instigating events which resulted in a retaliatory killing by an opposing gang.1 He claims his murder conviction must be overturned because: (1) the victim's death was not a reasonably foreseeable consequence of his conduct, (2) the prosecution's gang expert gave...

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