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PEOPLE v. NUNES

No. C060871.

200 Cal.App.4th 587 (2011)

132 Cal. Rptr. 3d 764

THE PEOPLE, Plaintiff and Respondent, v. AUSTEN ROBERT MANUEL NUNES et al., Defendants and Appellants.

Court of Appeals of California, Third District.

November 1, 2011.

Attorney(s) appearing for the Case

Susan K. Shaler , under appointment by the Court of Appeal, for Defendant and Appellant Austen Robert Manuel Nunes.

Thea Greenhalgh , under appointment by the Court of Appeal, for Defendant and Appellant Pauliton Ricardo Nunes.

Patricia J. Ulibarri , under appointment by the Court of Appeal, for Defendant and Appellant Daniel Jacob Bonge.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Daniel B. Bernstein and Michael Dolida , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

ROBIE, J.—

INTRODUCTION

In April 2007, defendants Austen Robert Manuel Nunes, Pauliton Nunes, and Daniel Bonge1 went with several others to the train tracks in West Sacramento to drink some stolen beer. When an Amtrak train came by, slowing as it approached...

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