PEOPLE v. GOMEZ

No. B216794.

THE PEOPLE, Plaintiff and Respondent, v. ROBERTO GOMEZ, Defendant and Appellant.

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

Filed April 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, Senior Assistant Attorney General, Steven D. Matthews and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

WOODS, Acting P.J.

Defendant Roberto Gomez appeals from the judgment entered after his conviction by jury of one count each of first degree murder (Pen. Code, § 187, subd. (a))1 and assault with a semiautomatic firearm (§ 245, subd. (b)), with true findings by the jury on related firearm and gang enhancements. He challenges the constitutionality of CALJIC No. 2.92 and the...

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