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PEOPLE v. MORALES

No. A117659.

168 Cal.App.4th 1075 (2008)

THE PEOPLE, Plaintiff and Respondent, v. JUAN JOSE MORALES, Defendant and Appellant.

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

November 26, 2008.

Attorney(s) appearing for the Case

J. Frank McCabe, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, René A. Chacón and Linda M. Murphy, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RIVERA, J.

In this case, we hold that a defendant cannot be convicted of the crime of shooting at an inhabited dwelling if he or she is inside the attached garage of the dwelling and fires gunshots into the house.

Defendant Juan Jose Morales appeals from a judgment entered upon a jury verdict finding him guilty of possession of a firearm by a felon (Pen. Code,

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