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PEOPLE v. MICELI

No. C036703.

127 Cal.Rptr.2d 888 (2002)

104 Cal.App.4th 256

The PEOPLE, Plaintiff and Respondent, v. Joseph Salvatore MICELI, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing January 7, 2003.

Review Denied March 5, 2003.

Attorney(s) appearing for the Case

Dale Dombkowski, by appointment of the Court of Appeal, San Francisco, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, John A. O'Sullivan, Supervising Deputy Attorney General, Janine R. Busch, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

SIMS, Acting P.J.

A jury convicted defendant Joseph Salvatore Miceli of assault with a semiautomatic firearm upon Matthew Linton on July 4, 1999 (count 2; Pen.Code, § 245, subd. (b) [all further undesignated section references are to the Penal Code]), assault with a firearm upon Linton on July 4, 1999 (count 3; § 245, subd. (a)(2)), drawing or exhibiting a firearm in the presence of...

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