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PEOPLE v. ESQUIVEL MARTINEZ

No. G032245.

15 Cal.Rptr.3d 210 (2004)

120 Cal.App.4th 299

The PEOPLE, Plaintiff and Respondent, v. Oscar ESQUIVEL MARTINEZ, Defendant and Appellant.

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

Review Granted September 15, 2004.

Attorney(s) appearing for the Case

Sharon M. Jones, Ventura, 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, Robert M. Foster and Melissa A. Mandel, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RYLAARSDAM, Acting P.J.

Defendant Oscar Esquivel Martinez was convicted of three counts of robbery (Pen.Code, § 211; all further statutory reference are to this code unless otherwise indicated), active participation in a criminal street gang (§ 186.22 subd. (a)), carrying a loaded firearm while a member of a criminal street gang (§ 12031, subd. (a)(1)), and assault with a semiautomatic firearm (§ 245, subd. (b)). The jury found...

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