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PEOPLE v. SIMON

Docket No. D002454.

184 Cal.App.3d 125 (1986)

228 Cal. Rptr. 855

THE PEOPLE, Plaintiff and Respondent, v. LEO SIMON, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

August 7, 1986.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Imhoff, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, John W. Carney and Holly D. Wilkens, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WIENER, J.

Defendant Leo Simon appeals after a jury found him guilty of second degree murder (Pen. Code, §§ 187, 189)1 and found that he used a firearm in the commission of the murder (§ 12022.5). The issue in this case involves the admissibility of a prior assault committed by Simon directed against a person other than the victim. While potentially admissible to negate Simon's claim...

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