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PEOPLE v. KONS

No. C039657.

133 Cal.Rptr.2d 520 (2003)

108 Cal.App.4th 514

The PEOPLE, Plaintiff and Respondent, v. Michael Christopher KONS, Defendant and Appellant.

Court of Appeals of California, Third District.

May 5, 2003.

Attorney(s) appearing for the Case

Linnéa M. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, John G. McLean, Supervising Deputy Attorney General, Angelo S. Edralin, Deputy Attorney General, for Plaintiff and Respondent.

ROBIE, J.

Mark Johnson made two statements to police officers about who shot him. In the first statement, made immediately after he was shot, Johnson identified the person who shot him as "Mad Ball." One or two days later, Johnson gave a recorded statement to a police officer in the hospital. In the second statement, Johnson picked out defendant Michael Christopher Kons as the shooter from a photographic lineup. This...

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