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Oceanside

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Arraignment for a suspect in a Christmas Eve drive-by shooting in San Clemente was delayed for a second time this week Tuesday.

Floyd Gerald Avery, 18, of Oceanside is scheduled to be arraigned Jan. 23 in South Orange County Municipal Court. His bail remains at $250,000 until then, said Municipal Court Judge Pamela Iles. Avery’s first arraignment hearing on Monday was delayed as well.

Avery is charged with attempted murder and shooting at an occupied dwelling in the shooting that injured Prisca Caudillo, 4, as she played on the balcony of a north San Clemente apartment.

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Avery’s car, which was found abandoned in San Juan Capistrano, was allegedly used in the shooting.

Defense attorney Leroy A. Martin said he asked for the delay because he is unfamiliar with the case and has not spoken with Avery. He said he has not decided if he will accept Avery’s case.

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