Garcia Zarate is due back in court Tuesday on federal criminal charges in connection with the Steinle case: one count of a felon in possession of firearm and one count of an immigrant illegally in the United States, in possession of a firearm. His defense attorneys filed a motion last week seeking to dismiss either of those federal charges, with the attorneys saying that “the multiplicity of counts is incurably prejudicial.” They stated in a motion that the conduct in each of the two charges is the same with the difference being that one says he’s an undocumented immigrant and the other, says he’s a felon. “In this case, Mr. Garcia-Zarate would incur incurable prejudice if both counts were allowed to stand. The prejudice against
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