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PEOPLE v. ALAYBUE

No. H047221.

51 Cal.App.5th 207 (2020)

THE PEOPLE, Plaintiff and Respondent, v. MALIK ALAYBUE, Defendant and Appellant.

Court of Appeals of California, Sixth District.

June 25, 2020.

Attorney(s) appearing for the Case

Michael C. Sampson , under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra , Attorney General, Lance E. Winters , Chief Assistant Attorney General, Jeffrey M. Laurence , Assistant Attorney General, Eric D. Share and Leif M. Dautch , Deputy Attorneys General, for Plaintiff and Respondent.

Jeffrey F. Rosen , District Attorney, and David R. Boyd , Deputy District Attorney, as Amicus Curiae.

OPINION

In November 2006, appellant Malik Alaybue pleaded no contest to two counts of second degree murder (Pen. Code, § 187)1 and two counts of attempted murder (§§ 187, 664, subd. (a)). He also admitted a gang allegation (§ 186.22, subd. (b)(1)(C)) for each count. Appellant...

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