People v. Cruz CA3

Filed 3/10/15 P. v. Cruz CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C072126

Plaintiff and Respondent, (Super. Ct. Nos. 10F06182, 10F04710) v.

THOMAS CRUZ,

Defendant and Appellant.

Defendant Thomas Cruz was charged with crimes committed during two separate incidents. Regarding the first incident, defendant was charged with the attempted murder of Juan Gonzalez (Pen. Code, §§ 187, 6641 (count one)) and shooting at an inhabited dwelling (§ 246 (count two)). In connection with count one, it was further alleged that the attempted murder was deliberate and premeditated (§ 664). In connection with counts one and two, it was further alleged that a principal used and discharged a…