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PEOPLE v. PRELLER

Docket No. C022930.

54 Cal.App.4th 93 (1997)

THE PEOPLE, Plaintiff and Respondent, v. JONATHAN WESLEY PRELLER, Defendant and Appellant.

Court of Appeals of California, Third District.

April 8, 1997.

Attorney(s) appearing for the Case

COUNSEL

Francia M. Welker, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, J. Robert Jibson and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

NICHOLSON, J.

The defendant killed an infant left in his care. Convicted of a violation of Penal Code section 273ab, child abuse resulting in death, and sentenced to an indeterminate prison term of 15 years to life, the defendant appeals. He asserts the jury should have been instructed that, to convict, it had to find a reasonable person would...

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