Fear Not Law Articles: ALVARADO v. SUPERIORCOURTOFLOS ANGELESCOUNTY

ALVARADO v. SUPERIORCOURTOFLOS ANGELESCOUNTY

Filed 1/16/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

KEVIN ALVARADO,

Petitioner,

THE SUPERIOR COURT OF LOS ANGELES COUNTY,

Respondent;

PEOPLE OF THE STATE OF CALIFORNIA,

Real Party in Interest.

No. B194139

(Super. Ct. No. KA075215)

ORIGINAL PROCEEDING: Petition for Writ of Prohibition. Bruce F. Marrs, Judge. Petition granted.

Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Lesley Gordon and Mark G. Harvis, Deputy Public Defenders, for Petitioner.

No appearance by respondent.

Steve Cooley, District Attorney of Los Angeles County, William Woods and Tracey Lopez, Deputy District Attorneys, for Real Party in Interest.

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Petitioner seeks an order directing the trial court to grant his motion to dismiss an enhancement allegation he â€

Description	Evidence at preliminary hearing was insufficient to support firearm use enhancement allegation attached to burglary charge where, though sufficient to show that defendant was armed with gun and intended to use it, it failed to show that he took any action with regard to gun, such as holding it or picking it up, aside from resting his hand over it.
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