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PEOPLE v. BURTON

No. B216446.

THE PEOPLE, Plaintiff and Respondent, v. JIMMY LEE BURTON, Defendant and Appellant.

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

Filed September 28, 2010.

Attorney(s) appearing for the Case

George O. Benton, 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, Scott A. Taryle, Eric J. Kohm and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

KRIEGLER, J.

A jury found defendant and appellant Jimmy Burton guilty of the second degree murder of Keith Hardy (Pen. Code, § 187, subd. (a)),1 finding the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)).2 Defendant was sentenced to 15 years to life. In his timely appeal, defendant contends (1) the trial...

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