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PEOPLE v. ABUNDIO

No. B245774.

221 Cal.App.4th 1211 (2013)

165 Cal. Rptr. 3d 183

THE PEOPLE, Plaintiff and Respondent, v. JOSE ABUNDIO, Defendant and Appellant.

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

December 4, 2013.

Attorney(s) appearing for the Case

Barbara S. Perry , 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 , Assistant Attorney General, Lawrence M. Daniels and Ana R. Duarte , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PUBLICATION

OPINION

WILLHITE, J. —

In an unprovoked, premeditated attack, appellant Jose Abundio stabbed marijuana dealer Timothy Wong to death in order to rob him of marijuana appellant could not afford to buy. After appellant's first jury deadlocked and a mistrial was declared, a second jury convicted him of first degree murder. The jury also found true the special circumstance allegation that he committed the...

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