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PEOPLE v. McGEE

No. B152420.

128 Cal.Rptr.2d 309 (2002)

104 Cal.App.4th 559

The PEOPLE, Plaintiff and Respondent, v. Brian M. McGEE, Defendant and Appellant.

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

As Modified on Denial of Rehearing January 7, 2003.

Review Denied March 26, 2003.

Attorney(s) appearing for the Case

Peter Gold, San Francisco, by appointment of 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, Mary Sanchez and Myung J. Park, Deputy Attorneys General, for Plaintiff and Respondent.

Certified For Partial Publication.*

PERLUSS, J.

Brian M. McGee appeals from his conviction after a jury trial for one count of murder and one count of attempted murder, arguing the trial court erred in considering his several motions under People v. Wheeler (1978) 22 Cal.3d 258, 148 Cal.Rptr. 890

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