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PEOPLE v. GARCIA

No. B211909.

THE PEOPLE, Plaintiff and Respondent, v. HERIBERTO GARCIA et al., Defendants and Appellants.

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

Filed August 2, 2010.

Attorney(s) appearing for the Case

John Lanahan, under appointment by the Court of Appeal, for Defendant and Appellant Heriberto Garcia.

Susan K. Keiser, under appointment by the Court of Appeal, for Defendant and Appellant Eva Daley.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Susan D. Martynec and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

ZELON, J.

Appellants Heriberto Garcia and Eva Daley (collectively, Appellants) appeal their convictions for second degree murder (Pen. Code,1 § 187, subd. (a)), with true findings on gang enhancement allegations (§ 186.22, subd. (b)(1)). They raise the following arguments on appeal:2 (1) the trial court erred in instructing the jury that murder...

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