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PEOPLE v. ZARAGOZA

No. B128936.

92 Cal.Rptr.2d 220 (2000)

77 Cal.App.4th 1032

The PEOPLE, Plaintiff and Respondent, v. David Victor ZARAGOZA, Defendant and Appellant.

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

Rehearing Denied February 28, 2000.

Review Denied May 10, 2000.

Attorney(s) appearing for the Case

Edward H. Schulman, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, William T. Harter, Supervising Deputy Attorney General, and Herbert S. Tetef, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

TURNER, P.J.

I. INTRODUCTION

Defendant, David Victor Zaragoza, appeals from his conviction for assault on a child under the age of eight causing death (Pen.Code,1 § 273ab) and second degree murder. (§ 187, subd. (a).)

II. DISCUSSION

A.-B.***

Defendant has been convicted of both assault on...

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