P. v. Herrera 2/26/09 CA4/3

State: California

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

Docket No: G039028

Case Date: 05/20/2009

Preview:Filed 2/26/09 P. v. Herrera CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. HONORIO MORENO HERRERA, Defendant and Appellant. G039028 (Super. Ct. No. 05CF3817) OPINION

Appeal from a judgment of the Superior Court of Orange County, Daniel J. Didier, Judge. Reversed and remanded. Waldemar D. Halka, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lynne G. McGinnis and Kelley Johnson, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Honorio Moreno Herrrera of first degree murder (Pen. Code,

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