This image provided by Deirdre O'Connor shows a booking photo of John Edward Smith. Prosecutors are going to court Friday Sept. 21, 2012 to seek dismissal of charges against a former gang member convicted of a drive-by murder in a gang infested neighborhood of Los Angeles 19 years ago. (AP Photo/Deirdre O'Connor)

Associated Press
This image provided by Deirdre O'Connor shows a booking photo of John Edward Smith. Prosecutors are going to court Friday Sept. 21, 2012 to seek dismissal of charges against a former gang member convicted of a drive-by murder in a gang infested neighborhood of Los Angeles 19 years ago.     (AP Photo/Deirdre O'Connor)
This image provided by Deirdre O'Connor shows a booking photo of John Edward Smith. Prosecutors are going to court Friday Sept. 21, 2012 to seek dismissal of charges against a former gang member convicted of a drive-by murder in a gang infested neighborhood of Los Angeles 19 years ago. (AP Photo/Deirdre O'Connor)
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