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PEOPLE v. TUGGLES

No. C054250.

178 Cal.App.4th 1106 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JOSHUA DANIEL TUGGLES et al., Defendants and Appellants.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Sharon G. Wrubel and Jerry D. Whatley, under appointments by the Court of Appeal, for Defendants and Appellants.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, Charles A. French and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMS, Acting P. J.—

A jury convicted defendants Joshua Daniel Tuggles and Tyrone Duwane Mollett of first degree murder (Pen. Code, § 187, subd. (a)),1 found true the allegation that Tuggles committed the offense with a firearm (§ 12022, subd. (a)(1)), and that Mollett personally discharged a firearm resulting in the death of a nonaccomplice (§ 12022.53, subd. (d)). On appeal, defendants...

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