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PEOPLE v. DYDOUANGPHAN

No. F062554.

211 Cal.App.4th 772 (2012)

149 Cal. Rptr. 3d 893

THE PEOPLE, Plaintiff and Respondent, v. PHAYVANH DYDOUANGPHAN, Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 5, 2012.

Attorney(s) appearing for the Case

Robert L.S. Angres , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Louis M. Vasquez and Rebecca Whitfield , Deputy Attorneys General, for Plaintiff and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

CORNELL, J. —

When a group of thieves stole marijuana from his legal marijuana garden, appellant Phayvanh Dydouangphan shot at their vehicle as they drove away. One of the thieves, Stanley Dale Wallace, was killed. Dydouangphan testified that someone in the getaway vehicle had pointed...

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