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PEOPLE v. GONZALEZ

No. B149828.

121 Cal.Rptr.2d 279 (2002)

99 Cal.App.4th 475

The PEOPLE, Plaintiff and Respondent, v. Art GONZALEZ, Defendant and Appellant.

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

Review Denied September 11, 2002.

Attorney(s) appearing for the Case

Kathy M. Chavez, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Kyle S. Brodie, and Lauren E. Dana, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

TURNER, P.J.

I. INTRODUCTION

Defendant, Art Gonzalez, appeals from his first degree murder conviction. (Pen. Code,1 § 187.) The jury further found defendant personally used a firearm in the commission of the murder. (§ 12022.5, subd. (a).) In the published portion of this opinion, we discuss the "quite limited" sua sponte duty to instruct on a...

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