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SAN CLEMENTE : A Guilty Plea in Drive-By Shooting

The driver of the car involved in a drive-by shooting in San Clemente has pleaded guilty to his charges and has been sentenced to a year in jail and three years of probation.

Floyd Avery, 19, pleaded guilty Sept. 17 to assault with a deadly weapon. Avery was driving the car from which a shot was fired that injured a 4-year-old girl last Christmas Eve.

Avery’s plea came a week after a mistrial was declared because a jury could not reach a verdict on 15 of the 19 charges against him.

“The disposition was appropriate given the verdict in the first trial,” said Deputy Dist. Atty. Martin Engquist. “To try him again wouldn’t have resulted in a different verdict.”

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Three 17-year-olds were sentenced in March in connection with the case and sentenced to the California Youth Authority.


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