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PEOPLE v. SPIVEY

No. B229312.

THE PEOPLE, Plaintiff and Respondent, v. DAVID WAYNE SPIVEY, Defendant and Appellant.

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

Filed May 22, 2012.

Attorney(s) appearing for the Case

Edward H. Schulman , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Senior Assistant Attorney General, Scott A. Taryle and Russell A. Lehman , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

PERLUSS, P. J.

David Wayne Spivey appeals from the judgment entered following his conviction by a jury of first degree murder, shooting at an inhabited dwelling and conspiracy to commit murder with true findings on related firearm-use and criminal-street-gang enhancement allegations. Spivey contends the trial court, which sentenced him to an aggregate state prison term of 58 years to life, erred in failing to stay...

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