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PEOPLE v. LINAREZ

No. C052722.

66 Cal.Rptr.3d 762 (2007)

155 Cal.App.4th 1393

The PEOPLE, Plaintiff and Respondent, v. Raul Rodriguez LINAREZ, Defendant and Appellant.

Court of Appeal of California, Third District.

October 5, 2007.

Attorney(s) appearing for the Case

Alfons G. Wagner, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Brook Bennigson, Deputy Attorney General, for Plaintiff and Respondent.

CANTIL-SAKAUYE, J.

Defendant Raul Rodriguez Linarez fired at a group of rival gang members from a car, wounding the victim in the abdomen. He pled no contest to assault with a firearm (Pen.Code, § 245, subd. (a)(2))1 and admitted that he personally used a firearm in the commission of that offense (§ 12022.5, subd. (a)(1)). Pursuant to the plea agreement, the court dismissed street gang enhancement allegations (§ 186.22,...

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