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PEOPLE v. GALLEGO

No. C061749.

190 Cal.App.4th 388 (2010)

117 Cal. Rptr. 3d 907

THE PEOPLE, Plaintiff and Respondent, v. ROLANDO N. GALLEGO, Defendant and Appellant.

Court of Appeals of California, Third District.

November 22, 2010.

Attorney(s) appearing for the Case

Ralph H. Goldsen , under appointment by the Court of Appeal, for Defendant and Appellant.

Michael T. Risher for ACLU of Northern California as Amicus Curiae on behalf of Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, David A. Rhodes and Daniel B. Bernstein , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

BUTZ, J.—

A jury acquitted defendant Rolando N. Gallego of first degree murder but convicted him of a 1991 second degree murder and found he used a knife to commit it. (Pen. Code, former §§ 187, 12022, subd. (b)(1).)1

Sentenced to a state prison...

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