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PEOPLE v. MILLER

No. F049646.

62 Cal.Rptr.3d 900 (2007)

153 Cal.App.4th 1015

The PEOPLE, Plaintiff and Respondent, v. Richard MILLER et al., Defendants and Appellants.

Court of Appeal of California, Fifth District.

July 27, 2007.

Attorney(s) appearing for the Case

Victor S. Haltom, Sacramento, under appointment by the Court of Appeal, for Defendant and Appellant Richard Miller.

Harry Zimmerman, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant David Reed.

Edmund G. Brown, Jr., Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION.*

OPINION

GOMES, J.

After a mistrial was declared on the second day of trial as a result of a police officer's testimony, a retrial was held in which the jury convicted codefendants Richard Miller (Miller) and David Reed (Reed) on November 26, 2003, of assault with a deadly weapon (Pen.Code, § 245, subd. (a)(1))1 and found true allegations that Miller...

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