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PEOPLE v. AVELAR

No. G039835.

THE PEOPLE, Plaintiff and Respondent, v. JUAN MANUEL AVELAR, Defendant and Appellant.

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

Filed February 17, 2011.

Attorney(s) appearing for the Case

William J. Kopeny & Associates and William J. Kopeny for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Ronald Jakob , Jennifer A. Jadovitz and Scott C. Taylor , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

SILLS, P. J.

I. BACKGROUND

There was a gang shooting in an alley in Santa Ana, Christmas night, 2005. Two cars driven by members of the Delhi gang drove into an alley claimed by a rival gang called (appropriately enough) the "Alley Boys." Two Delhi members got out of their car: a young man in his mid-teens carrying a shotgun, and an older man — that is, in his mid-20's, old by gang...

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