PEOPLE v. DURAN

Docket No. 21346.

140 Cal.App.3d 485 (1983)

189 Cal. Rptr. 595

THE PEOPLE, Plaintiff and Respondent, v. JESSE ALBERT DURAN, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

March 1, 1983.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Richard S. Kessler and Mark Fogelman, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Robert R. Granucci and Herbert F. Wilkinson, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

CHRISTIAN, J.

Jesse Duran appeals from a judgment of imprisonment after a jury found him guilty of murder in the second degree (Pen. Code, § 187.)

Lydia Sheridan gave a large party at her house in San Jose. Appellant and his wife attended the party, and appellant played pool from about 6 to 9 p.m. During this period he had about five cups of beer.

During the evening appellant saw Michael Smith, the victim...

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