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PEOPLE v. VALENCIA

No. B134135.

98 Cal.Rptr.2d 37 (2000)

82 Cal.App.4th 139

The PEOPLE, Plaintiff and Respondent, v. David VALENCIA, Defendant and Appellant.

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

Review Denied November 1, 2000.

Attorney(s) appearing for the Case

Mark L. Christiansen, under appointment by the Court of Appeal, Granite Bay, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, and Jim Hart, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

TURNER, P.J.

I. INTRODUCTION

Defendant, David Valencia, appeals after he was convicted of second degree murder; discharging a firearm into an inhabited dwelling; and grand theft of an automobile. (Pen.Code1, §§ 187, 246, 487, subd. (d).) Additionally, the jury found defendant personally used a firearm within the meaning of section 12022.5, subdivision...

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