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PEOPLE v. XIONG

No. F062474.

215 Cal.App.4th 1259 (2013)

155 Cal. Rptr. 3d 877

THE PEOPLE, Plaintiff and Respondent, v. KOUA XIONG, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As modified May 2, 2013.

Attorney(s) appearing for the Case

Scott Concklin , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Catherine Chatman and Daniel B. Bernstein , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

KANE, J. —

Defendant Koua Xiong was convicted of the first degree murder of a taxi driver, José Jesus Martinez, who was found dead in his taxi, which had crashed into a tree. He had been killed with a single, pointblank gunshot to the back of the head. No suspect came to light until defendant was

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