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PEOPLE v. AVITIA

No. B168586.

24 Cal.Rptr.3d 887 (2005)

127 Cal.App.4th 185

The PEOPLE, Plaintiff and Respondent, v. Gerardo AVITIA, Defendant and Appellant.

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

February 28, 2005.

Attorney(s) appearing for the Case

Law offices of Joan Wolff and Joan Wolff, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Laura H. Steuch, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

ALDRICH, J.

Defendant and appellant Gerardo Avitia was convicted by a jury of discharging a firearm in a grossly negligent manner and possession of an assault weapon, and sentenced to two years in prison. Although no Penal Code section 186.22, subdivision (b)(1)1 gang enhancement was alleged, and although there was no evidence the charged crimes were related to any...

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