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PEOPLE v. WHEELER

No. F038303.

129 Cal.Rptr.2d 916 (2003)

105 Cal.App.4th 1423

The PEOPLE, Plaintiff and Respondent, v. T.J. WHEELER, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified March 6, 2003.

Review Denied April 23, 2003.

Attorney(s) appearing for the Case

Cara DeVito, Woodland Hills, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

GOMES, J.

A jury found T.J. Wheeler guilty of first degree murder, attempted voluntary manslaughter, and discharge of a firearm at an inhabited dwelling. (Pen.Code, §§ 187, 664/192, subd. (a), 246.) He argues his wife's statement to him shortly before the murder that she committed adultery with the man whom he killed not long afterward was violative of the hearsay...

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