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PEOPLE v. DUARTE

No. G041195.

185 Cal.App.4th 194 (2010)

110 Cal. Rptr. 3d 222

THE PEOPLE, Plaintiff and Respondent, v. ROBERTO DUARTE, JR., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Lynelle K. Hee, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Christine Levingston Bergman and Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'LEARY, J.—

Roberto Duarte, Jr., was convicted of discharging a firearm with gross negligence (count 1-Pen. Code, § 246.3, subd. (a)),1 being a felon in possession of a firearm (count 2—§ 12021, subd. (a)(1)), street terrorism (count 3-§ 186.22, subd. (a)), and misdemeanor brandishing a firearm (count 4-§ 417, subd. (a)(2)(A)). It was also found true he committed two of...

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