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PEOPLE v. SMART

No. C049931.

52 Cal.Rptr.3d 456 (2006)

145 Cal.App.4th 1216

The PEOPLE, Plaintiff and Respondent, v. Jarvell Deandre SMART et al., Defendants and Appellants.

Court of Appeal of California, Third District.

December 19, 2006.

Attorney(s) appearing for the Case

Robert Derham, under appointment by the Court of Appeal, San Anselmo, for Defendant and Appellant Jarvell Deandre Smart.

Athena Shudde, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant Sergio David Calhoun.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Carlos A. Martinez and Catherine G. Tennant, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

DAVIS, Acting P.J.

A jury convicted defendants Jarvell Deandre Smart (Smart) and Sergio David Calhoun (Calhoun), both 15 years old at the time of the crimes, of two counts of assault with a firearm and one count of shooting at an occupied vehicle. (Pen. Code, §§ 245, subd. (a)(2), 246; see Welf. & Inst.Code, § 707, subd. (d)(2)(B) [trying minors as adults when personally use...

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