P. v. Caballero 1/18/11 CA2/4

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B217709

Case Date: 04/13/2011

Preview:Filed 1/18/11

CERTIFIED FOR PARTIAL PUBLICATION

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. RODRIGO CABALLERO, Defendant and Appellant.

B217709 (Los Angeles County Super. Ct. No. MA043902)

B221833 In re RODRIGO CABALLERO, on Habeas Corpus.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hayden Zacky, Judge. Affirmed. ORIGINAL PROCEEDINGS; petition for a writ of habeas corpus. Writ denied. Kosnett & Durchfort and David E. Durchfort for Defendant and Appellant.

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Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts I through IV of the Discussion.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Chung L. Mar and Lauren E. Dana, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Rodrigo Caballero appeals from the judgment entered following his conviction by jury of three counts of willful, deliberate, and premeditated attempted murder, with findings that he personally and intentionally discharged a firearm, inflicted great bodily injury upon one victim, and committed the crimes for the benefit of a criminal street gang. (Pen. Code,

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