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PEOPLE v. GUTIERREZ

No. G031028.

5 Cal.Rptr.3d 256 (2003)

112 Cal.App.4th 704

The PEOPLE, Plaintiff and Respondent, v. Cecelio GUTIERREZ, Defendant and Appellant.

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

As Modified October 10, 2003.

Review Denied January 14, 2004.

Attorney(s) appearing for the Case

Stephen M. Lathrop, Redondo Beach, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Douglas C.S. Lee, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

IKOLA, J.

Defendant Cecelio Gutierrez was convicted by jury of attempted murder and two counts of assault with a firearm. The jury also found true two allegations of personally using a firearm. In addition, defendant admitted a probation violation.

Defendant contends: the court committed prejudicial error when it failed...

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