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PEOPLE v. GONZALES

No. C054743.

165 Cal.App.4th 620 (2008)

THE PEOPLE, Plaintiff and Respondent, v. SERGIO JAVIER VASQUEZ GONZALES, Defendant and Appellant.

Court of Appeals of California, Third District.

July 30, 2008.

Attorney(s) appearing for the Case

Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Alice Su, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

CANTIL-SAKAUYE, J.—

Defendant Sergio Javier Vasquez Gonzales was found guilty by a jury of two counts of robbery. (Pen. Code, § 211.)1 The jury found true the special allegation that defendant personally used a firearm in the commission of the robberies. (§ 12022.53, subd. (b).) The jury found defendant not guilty of assault with a deadly weapon, but guilty of the lesser included misdemeanor...

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