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PEOPLE v. LOPEZ

No. F059255.

199 Cal.App.4th 1297 (2011)

THE PEOPLE, Plaintiff and Respondent, v. LUCIANO GALINDO LOPEZ et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

October 14, 2011.

Attorney(s) appearing for the Case

A. M. Weisman , under appointment by the Court of Appeal, for Defendant and Appellant Luciano Galindo Lopez.

Kim Malcheski , under appointment by the Court of Appeal, for Defendant and Appellant Cortney DeJohn Flemming.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Julie A. Hokans and Clara M. Levers , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

POOCHIGIAN, J.—

INTRODUCTION

Luciano Galindo Lopez and Cortney DeJohn Flemming (Lopez and Flemming, collectively, defendants) stand convicted, following a jury trial, of the second degree murder of Fidel Jimenez (Pen. Code,1 § 187, subd. (a);

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