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PEOPLE v. GARCIA

No. B187968.

66 Cal.Rptr.3d 409 (2007)

155 Cal.App.4th 929

The PEOPLE, Plaintiff and Respondent, v. Anthony Robert GARCIA, Defendant and Appellant.

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

September 27, 2007.

Attorney(s) appearing for the Case

Edward H. Schulman, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews and Shawn McGahey Webb, Deputy Attorneys General, for Plaintiff and Respondent.

RUBIN, J.

INTRODUCTION

Appellant Anthony Robert Garcia challenges his murder, attempted murder, and shooting at an inhabited dwelling convictions on the grounds of prosecutorial misconduct, instructional error, and sentencing error. We conclude the prosecutor did not engage in prejudicial misconduct. The trial court correctly instructed the jury regarding the requisite intent for attempted murder with an allegation of premeditation and deliberation and was...

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