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  5. 174 Cal.App.4th 743 (2009)
 

PEOPLE v. EBANIZ

Nos. F054696, F055939.

174 Cal.App.4th 743 (2009)

THE PEOPLE, Plaintiff and Respondent, v. TYRONE EBANIZ, Defendant and Appellant. In re TYRONE EBANIZ on Habeas Corpus.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Joseph Shipp, 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, Kathleen A. McKenna and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ARDAIZ, P. J.—

In the published portion of this opinion, we hold that Tyrone Ebaniz has presented newly discovered evidence that points unerringly to actual innocence, and so is entitled to a reversal of his previously affirmed convictions and a new trial thereon. In the unpublished portion, we hold that when a judgment in a criminal case is affirmed as to some counts, but is remanded for resentencing or, at the district attorney...

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