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PEOPLE v. SMITH

No. D060317.

215 Cal.App.4th 382 (2013)

156 Cal. Rptr. 3d 80

THE PEOPLE, Plaintiff and Respondent, v. VINCE BRYAN SMITH, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

April 15, 2013.

Attorney(s) appearing for the Case

Cannon & Harris and Gregory L. Cannon for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Scott C. Taylor and Meredith S. White , Deputy Attorneys General, for Plaintiff and Respondent.

[CERTIFIED FOR PARTIAL PUBLICATION*]

OPINION

BENKE, Acting P. J. —

A jury convicted defendant and appellant Vince Bryan Smith of two counts of second degree murder (Pen. Code,1 § 187, subd. (a); counts 1 & 2) and one count of active participation in a criminal street gang (§ 186.22, subd. (a); count 3). On both counts 1 and 2, the jury found...

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