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PEOPLE v. ORTEGA

No. A087932.

101 Cal.Rptr.2d 253 (2000)

84 Cal.App.4th 659

The PEOPLE, Plaintiff and Respondent, v. Bismark ORTEGA, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

Review Denied February 14, 2001.

Attorney(s) appearing for the Case

Eleanor M. Kraft, Palo Alto, CA, under appointment by the Court of Appeal, for Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, René A. Chacón, Supervising Deputy Attorney General, Joan Killeen, Supervising Deputy Attorney General, San Francisco, CA, for Respondent.

Certified for Partial Publication.*

KLINE, P.J.

INTRODUCTION

Bismark Ortega appeals from a judgment of the San Mateo County Superior Court following a jury trial. He was convicted of attempted voluntary manslaughter, assault with a firearm, and finding true various related enhancements. He argues that the trial court abused its discretion at sentencing in refusing to dismiss one of the convictions pursuant to Penal Code...

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