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PEOPLE v. SCHOPPE-RICO

No. A104363.

44 Cal.Rptr.3d 896 (2006)

140 Cal.App.4th 1370

The PEOPLE, Plaintiff and Respondent, v. John Moses SCHOPPE-RICO, Defendant and Appellant.

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

June 29, 2006.

Attorney(s) appearing for the Case

Kyle Gee, under appointment by the Court of Appeal under the First District Appellate Program, for Defendant and Appellant.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Christina vom Saal, Deputy Attorney General, Gregg E. Zywicke, Deputy Attorney General, for Respondent.

Certified for Partial Publication.*

RUVOLO, P.J.

I.

INTRODUCTION

Appellant John Moses Schoppe-Rico was convicted by a jury of shooting at an occupied vehicle; first degree murder, with a firearm enhancement; and carrying a loaded, concealed firearm while an active participant in a criminal street gang. On appeal, he contends that the statutes defining the street gang firearm offenses require proof that his possession...

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