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PEOPLE v. VASQUEZ

No. B159379.

18 Cal.Rptr.3d 848 (2004)

The PEOPLE, Plaintiff and Respondent, v. Andrew VASQUEZ et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Seven.

Rehearing Denied October 5, 2004.

Rehearing Denied October 18, 2004.

Review Granted January 12, 2005.

Attorney(s) appearing for the Case

Nancy J. King, under appointment by the Court of Appeal, San Diego, for Appellant Andrew Vasquez.

Sylvia Whatley Beckham, under appointment by the Court of Appeal, for Appellant Anthony Fregoso.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, and Herbert S. Tetef, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

JOHNSON, J.

A tagging crew member was stabbed to death in retaliation for having disrespected a female associate of a rival tagging crew. After the first trial ended in a hung jury the second jury convicted the defendants of second-degree murder. The jury also found true the allegations the defendants personally used deadly weapons during the commission of the offense.

The defendants...

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