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ALVAKADO v. SUPERIOR COURT

No. B194139.

53 Cal.Rptr.3d 416 (2007)

146 Cal.App.4th 993

Kevin ALVAKADO, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; People of the State of California, Real Party in Interest.

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

January 16, 2007.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Lesley Gordon and Mark G. Harvis, Deputy Public Defenders, for Petitioner.

No appearance by respondent.

Steve Cooley, District Attorney of Los Angeles County, William Woods and Tracey Lopez, Deputy District Attorneys, for Real Party in Interest.

JOHNSON, J.

Petitioner seeks an order directing the trial court to grant his motion to dismiss an enhancement allegation he "used" a firearm in the commission of a burglary. He agrees the evidence produced at the preliminary hearing showed he was armed during the offense. However, he claims the evidence was insufficient as a matter of law to show he had used the firearm within the meaning of Penal Code section 12022.5,

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