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PEOPLE v. PANTOJA

No. A101223.

18 Cal.Rptr.3d 492 (2004)

122 Cal.App.4th 1

The PEOPLE, Plaintiff and Respondent, v. Jorge Antonio PANTOJA, Defendant and Appellant.

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

As Modified on Denial of Rehearing October 6, 2004.

Attorney(s) appearing for the Case

J. Frank McCabe, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Stan Helfman, Sharon G. Birenbaum, Deputy Attorneys General, for Plaintiff and Respondent.

POLLAK, J.

Defendant Jorge Antonio Pantoja appeals from his conviction on one count of first degree murder and one count of child endangerment after he killed his girlfriend, Maria Montero, in the presence of their daughter. In proving that defendant committed premeditated murder, the prosecution relied in large part on a declaration by Montero included in an application for a restraining order that was filed several...

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