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PEOPLE v. FRAUSTO

No B212054.

180 Cal.App.4th 890 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JAVIER FRAUSTO, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

As modified January 13, 2010.

Attorney(s) appearing for the Case

Brett Harding Duxbury, 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, Steven D. Matthews and G. Tracey Letteau, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RUBIN, Acting P. J.—

Defendant Javier Frausto appeals from his conviction of first degree murder and two counts of attempted premeditated murder. He contends insufficient evidence supports jury findings that, as to the attempted murder counts, he personally discharged a firearm causing great bodily injury or death. We reject defendant's argument but agree with him, as do the People, that the trial court erred in imposing three...

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