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PEOPLE v. AYALA

No. A122412.

181 Cal.App.4th 1440 (2010)

THE PEOPLE, Plaintiff and Respondent, v. FAUSTINO AYALA, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Ozro William Childs for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Stan Helfman and Christopher J. Wei, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SEPULVEDA, J. —

Defendant Faustino Ayala is a member of the Sureños criminal street gang and was convicted of second degree murder for his participation in the shooting death of a young man who had once associated with the rival Norteños gang. Defendant drove a vehicle filled with gang members, and one of those members fired the fatal shot. On appeal, defendant...

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