[Opinion certified for partial publication.
In a retrial after the first jury deadlocked, a second jury acquitted defendant of first degree murder but convicted him of second degree murder and misdemeanor battery and found he used a firearm to commit the murder. (Pen. Code, §§ 187, 242, 12022.5, subd. (a).) On appeal, defendant contends (1) the instruction on motive...
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