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PEOPLE v. MONTES

No. C036904.

116 Cal.Rptr.2d 908 (2002)

96 Cal.App.4th 518

The PEOPLE, Plaintiff and Respondent, v. Victor Rodriguez MONTES, Defendant and Appellant.

Court of Appeals of California, Third District.

Rehearing Denied March 25, 2002.

Review Granted June 12, 2002.

Attorney(s) appearing for the Case

Richard A. Levy, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Carlos A. Martinez, Supervising Deputy Attorney General, Matthew Chan and Charles V. Fennessey, Deputy Attorneys General, for Plaintiff and Respondent.

SCOTLAND, P.J.

At the direction of a fellow South Side Locos gang member, defendant Victor Rodriguez Montes shot a rival gang member several times, inflicting serious injuries requiring surgery.

Defendant was convicted of attempted second degree murder. (Pen.Code, §§ 664/187; further section references are to this code unless otherwise specified.) The trier of fact also found that, in committing the...

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