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PEOPLE v. GARCIA

No. B226725.

THE PEOPLE, Plaintiff and Respondent, v. OSVALDO GARCIA, Defendant and Appellant.

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

Filed September 19, 2011.

Attorney(s) appearing for the Case

Leslie Conrad , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, Lawrence M. Daniels , and Allison H. Chung , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

PERLUSS, P. J.

Osvaldo Garcia appeals from the judgment entered following his conviction by a jury of second degree murder (Pen. Code, § 187, subd. (a)), with the true finding he had used a deadly weapon (Pen. Code, § 120222, subd. (b)(1)). Garcia contends his constitutional right to due process was violated because the court permitted the People to seek irrelevant evidence about his sexual orientation...

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