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PEOPLE v. LEE

No. S060352.

82 Cal.Rptr.2d 625 (1999)

971 P.2d 1001

20 Cal.4th 47

The PEOPLE, Plaintiff and Respondent, v. Steven B. LEE, Defendant and Appellant.

Supreme Court of California.

Rehearing Denied April 14, 1999.

Attorney(s) appearing for the Case

Victor J. Morse, under appointment by the Supreme Court, San Francisco, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Doug MacMaster, Michael E. Banister and Catherine A. Rivlin, Deputy Attorneys General, for Plaintiff and Respondent.

BAXTER, J.

The sole question presented in this case is whether the Court of Appeal erred in concluding that even though the evidence was sufficient to support a conviction of second degree murder (Pen.Code, § 1871, defendant's conviction of voluntary manslaughter (§ 192, subd. (a)) must be reversed because evidence of provocation was insufficient.

The Court of Appeal held that defendant's request for a voluntary manslaughter...

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