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PEOPLE v. DUCKETT

Docket No. A016419.

162 Cal.App.3d 1115 (1984)

209 Cal. Rptr. 96

THE PEOPLE, Plaintiff and Respondent, v. OTIS DUCKETT, Defendant and Appellant.

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

December 20, 1984.

Attorney(s) appearing for the Case

COUNSEL

Frank O. Bell, Jr., State Public Defender, under appointment by the Court of Appeal, and Jean R. Sternberg, Deputy State Public Defender, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Ronald E. Niver and John H. Sugiyama, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WHITE, P.J.

Appellant Otis Duckett was convicted by a jury of first degree murder; the jury also found that he was sane when he committed the offense. He contends: (1) the jury's finding of sanity is unsupported by substantial evidence; (2) the prosecutor committed prejudicial misconduct during the sanity phase of the trial; and (3) the trial court erred when it refused to instruct with CALJIC Nos. 3.35 and 8.78 during the...

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