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PEOPLE v. HERNANDEZ

No. B222419.

THE PEOPLE, Plaintiff and Respondent, v. LEONEL HERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Eight.

Filed May 2, 2011.

Attorney(s) appearing for the Case

Mark Alan Hart , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Paul M. Roadarmel, Jr. and Margaret E. Maxwell , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

GRIMES, J.

Defendant and appellant Leonel Hernandez appeals his conviction of first degree murder and the 25-years-to-life sentence imposed for personally and intentionally discharging a firearm causing death. We reject his challenges to the instruction distinguishing first and second degree murder and his claim the trial court erred in declining to give an argumentative pinpoint instruction on voluntary manslaughter...

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