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PEOPLE v. GENOVESE

No. C055486.

168 Cal.App.4th 817 (2008)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ROBERT GENOVESE, Defendant and Appellant.

Court of Appeals of California, Third District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Patricia J. Ulibarri, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette and Michael P. Farrell, Assistant Attorneys General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SIMS, Acting P. J.

A jury convicted defendant Michael Robert Genovese of second degree murder in the killing of Douglas Sanford (Pen. Code, § 187; undesignated statutory references are to the Penal Code), rejecting the prosecution's theory of first degree murder and the defense theory of manslaughter based on imperfect defense of another. The jury also found that defendant personally used a deadly weapon, a knife. (§ 12022, subd. (b)(1...

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