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PEOPLE v. CAUDILLO

No. H026166.

19 Cal.Rptr.3d 574 (2004)

The PEOPLE, Plaintiff and Respondent, v. John Mose CAUDILLO, Defendant and Appellant.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing November 2, 2004.

Review Granted January 12, 2005.

Attorney(s) appearing for the Case

Solomon Wollack, 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, Catherine A. Rivlin, Martin S. Kaye, Supervising Deputy Attorneys General, Kelly M. Croxton, Deputy Attorney General, for Respondent.

BAMATTRE-MANOUKIAN, J.

Defendant John Mose Caudillo appeals after conviction, by jury trial, of one count of shooting at an occupied motor vehicle (Pen.Code, § 246)1 and two counts of assault with a firearm (§ 245, subd. (a)(2)). The jury found true allegations that defendant personally used a firearm (§ 12022.5, subd. (a)(1)) in committing both assault counts, but found untrue allegations that the offenses were committed...

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