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PEOPLE v. HARPER

No. D038973.

135 Cal.Rptr.2d 120 (2003)

109 Cal.App.4th 520

The PEOPLE, Plaintiff and Respondent, v. Steven Boyd HARPER, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

Review Denied September 10, 2003.

Attorney(s) appearing for the Case

Anthony J. Dain, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Douglas P. Danzig and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

McCONNELL, J.

Steven Boyd Harper appeals his conviction of first degree murder committed for the benefit of a criminal street gang. (Pen.Code, §§ 187, subd. (a), 186.22 subd. (b)(1).)1 He was sentenced to 25 years to life for the murder plus a 10-year consecutive criminal street gang enhancement pursuant to section 186.22.

On appeal, Harper contends his conviction must be reversed because CALJIC

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