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PEOPLE v. MORENO

No. E049093.

192 Cal.App.4th 692 (2011)

THE PEOPLE, Plaintiff and Respondent, v. DANIEL JESUS MORENO, Defendant and Appellant.

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

February 8, 2011.

Attorney(s) appearing for the Case

Kevin D. Sheehy , 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, Lilia E. Garcia and Jeffrey J. Koch , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.—

I. INTRODUCTION

Defendant was convicted by a jury of first degree murder. (Pen. Code, § 187, subd. (a).)1 The jury also found true an allegation that, in committing the murder, defendant personally used a deadly and dangerous weapon, a knife. (§ 12022, subd. (b)(1).) In a bifurcated trial, the court found true allegations that defendant had suffered a prior strike conviction...

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