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PEOPLE v. CLARKE

B204763

THE PEOPLE, Plaintiff and Respondent, v. ANTHONY WAYNE CLARKE, Defendant and Appellant.

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

Not to be Published in the Official Reports

Attorney(s) appearing for the Case

John A. Colucci, 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, Assistant Attorney General, Michael R. Johnsen and Chung L. Mar, Deputy Attorneys General, for Plaintiff and Respondent.

BOREN, P. J.

A jury convicted Anthony Wayne Clarke (appellant) of the first degree murder of Edgar Lanuza (Lanuza) in violation of Penal Code section 187, subdivision (a)1 (count 1) and the attempted willful, deliberate, and premeditated murder of Theo Johnson (Johnson) in violation of sections 187 and 664 (count 2). The jury found that appellant personally and intentionally discharged a firearm that proximately caused death in count 1...

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