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PEOPLE v. PAYNE

2d Crim. No. B211005

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL PAYNE, Defendant and Appellant.

Court of Appeals of California, Second Appellate District, Division Six

Not to be Published in the Official Reports

Attorney(s) appearing for the Case

Seymour I. Amster, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Daniel C. Chang, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, P.J.

Michael Payne appeals a judgment following his conviction of first degree murder (Pen. Code, § 187, subd. (a), 189),1 with jury findings that he committed the offense for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and that he used and discharged a firearm causing the death of Anthony Boyd (§ 12022.53, subds. (b), (c) & (d)). We conclude, among other things, that 1) a trial witness...

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