Filed 11/28/05 P. v. Ruiz CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 EIGHT

THE PEOPLE, Plaintiff and Respondent, v. ALFREDO RUIZ, Defendant and Appellant.

B166366 (Los Angeles County Super. Ct. No. SA043484)

APPEAL from a judgment of the Superior Court of Los Angeles County. Steven Van Sicklen, Judge. Affirmed as modified.

Judith Kahn, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Kenneth N. Sokoler and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

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Alfredo Ruiz was charged with and convicted of attempted premeditated murder (count 1) and shooting a firearm from a motor vehicle (count 2). He contends on appeal that: (1) The prosecutor committed misconduct by eliciting testimony that used the words â€