P. v. Morrison 3/13/09 CA5

State: California

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

Docket No: F052296

Case Date: 04/30/2009

Preview:Filed 3/13/09 P. v. Morrison CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT THE PEOPLE, F052296 Plaintiff and Respondent, (Super. Ct. No. 1063489) v. DAVID WAYNE MORRISON et al., Defendants and Appellants.

OPINION

APPEAL from a judgment of the Superior Court of Stanislaus County. Ricardo Cordova, Judge. Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant David Wayne Morrison. Kyle Gee, under appointment by the court of Appeal, for Defendant and Appellant Anthony Lawrence Martinez. John Steinberg, under appointment by the Court of Appeal, for Defendant and Appellant David Anthony Silva. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Susan J. Orton, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOooFollowing a series of violent home-invasion robberies, David Wayne Morrison, Anthony Lawrence Martinez, and David Anthony Silva (Morrison, Martinez, and Silva, respectively; collectively, defendants) were charged, by amended indictment filed in Stanislaus County Superior Court, with 19 counts of residential robbery in concert, involving the personal use of a firearm and committed for the benefit of or in association with a criminal street gang (Pen. Code,1

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