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PEOPLE v. LEE

No. F028940.

102 Cal.Rptr.2d 403 (2000)

85 Cal.App.4th 706

The PEOPLE, Plaintiff and Respondent, v. Phia LEE et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing January 17, 2001.

Review Granted March 28, 2001.

Attorney(s) appearing for the Case

A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant Phia Lee.

Stephen Greenberg, under appointment by the Court of Appeal, for Defendant and Appellant Johnson Xiong.

Bill Lockyer, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Deputy Attorney General, Harry Joseph Colombo and Timothy L. Rieger, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

WISEMAN, J.

INTRODUCTION

In the published portion of this gangland murder and attempted murder case, we hold the jury was properly instructed on the doctrine of transferred intent to kill as to the murder charges. We also hold the court erred by failing to instruct the jury that to find the enhancement penalty provisions of Penal Code section 664 subdivision...

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