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PEOPLE v. MALDONADO

No. B176739.

36 Cal.Rptr.3d 117 (2005)

134 Cal.App.4th 627

The PEOPLE, Plaintiff and Respondent, v. Alex MALDONADO, et al., Defendants and Appellants.

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

November 30, 2005.

Attorney(s) appearing for the Case

John F. Schuck, under appointment by the Court of Appeal, Palo Alto, for Defendant and Appellant Alex Maldonado.

Cheryl Rae Anderson, Elk Grove, and Murray A. Rosenberg, Studio City, under appointment by the Court of Appeal, for Defendant and Appellant Alejandro Hernandez.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

WILLHITE, J.

PROCEDURAL BACKGROUND

A jury convicted defendants Alex Maldonado and Alejandro Hernandez of two counts of attempted robbery (§§ 664/211),1 two counts of kidnapping (§ 207, subd. (a)), and two counts of false imprisonment by violence (§ 236). The jury convicted defendant Maldonado alone of making a

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