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PEOPLE v. BROWNER

B198836

THE PEOPLE, Plaintiff and Respondent, v. DEMETERIUS BROWNER, Defendant and Appellant.

Court of Appeals of California, Second Appellate District, Division Four

Not to be Published

Attorney(s) appearing for the Case

Dwyer & Biggs and John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec and Ellen Birnbaum Kehr, Deputy Attorneys General, for Plaintiff and Respondent.

MANELLA, J.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and Sentence

Appellant Demeterius Browner was tried and convicted of first degree murder. (Pen. Code, § 187.)1 The jury also found true the following special allegations: appellant personally used a firearm within the meaning of 12022.53, subdivision (b); appellant personally and intentionally discharged a firearm within the meaning of section 12022...

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