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PEOPLE v. MONTES

Nos. F040612, F040618.

5 Cal.Rptr.3d 800 (2003)

112 Cal.App.4th 1543

The PEOPLE, Plaintiff and Respondent, v. Anthony Ralph MONTES, Defendant and Appellant. The People, Plaintiff and Respondent, v. Rutin Pablo Herrera, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing November 25, 2003.

Attorney(s) appearing for the Case

Patricia L. Watkins, Half Moon Bay, under appointment by the Court of Appeal, for Defendant and Appellant Anthony Ralph Montes.

Larry L. Dixon, Jackson, under appointment by the Court of Appeal, for Defendant and Appellant Rutin Pablo Herrera.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, J. Robert Jibson and Janine R.

Busch, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

ARDAIZ, P.J.

A jury found appellant Herrera guilty of attempted voluntary manslaughter of Jacob Olivo (Pen.Code, § 664/192, subd. (a)); (a lesser included offense of the count 1 charge of attempted murder), and of assault with a deadly weapon (Pen.Code, § 245, subd. (a)(1); count 2). Herrera was sentenced to a total state prison term of nine years and six months. The jury found Herrera's codefendant, appellant Montes, guilty of the attempted...

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