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P. v. Cervantes
P. v. Cervantes
04/07/06


P. v. Cervantes




Filed 4/4/06 P. v. Cervantes CA2/3




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA




SECOND APPELLATE DISTRICT





DIVISION THREE













THE PEOPLE,


Plaintiff and Respondent,


v.


CESAR OCHOA CERVANTES,


Defendant and Appellant.



B186686


(Los Angeles County


Super. Ct. No. TA077860)



APPEAL from a judgment of the Superior Court of Los Angeles County,


Arthur M. Lew, Judge. Affirmed.


Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant.


No appearance for Plaintiff and Respondent.


_________________________


Cesar Ochoa Cervantes appeals the judgment entered following his conviction by jury of attempted willful, deliberate and premeditated murder in which he personally discharged a firearm causing great bodily injury. (Pen. Code, §§ 664/187, subd. (a), 12022.53, subd. (d).) The trial court sentenced Cervantes to a term of life plus 25 years to life in state prison.


We reject the claims of error raised on appeal by Cervantes and affirm the judgment.


FACTUAL AND PROCEDURAL BACKGROUND


1. The prosecution's evidence.


On December 15, 2004, a brown Honda stopped next to Paramount High School students Raymond R., Alejandra L., and Juan V. at the corner of Somerset Boulevard and Downey Avenue. Cervantes, the front passenger of the Honda, asked if 16-year-old Raymond R. â€

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