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PEOPLE v. RANDLE

No. A097168.

134 Cal.Rptr.2d 670 (2003)

109 Cal.App.4th 313

The PEOPLE, Plaintiff and Respondent, v. Darryl Eugene RANDLE, Defendant and Appellant.

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

Review Granted August 27, 2003.

Attorney(s) appearing for the Case

Matthew Zwerling, Executive Director and J. Bradley O'Connell, First District Appellate Project, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Stan M. Helfman, Supervising Deputy Attorney General, Amy Haddix, Deputy Attorney General, for Defendant and Respondent.

MARGULIES, J.

I. INTRODUCTION

Defendant Darryl Eugene Randle was convicted of second degree murder (Pen. Code, § 187),1 and automobile burglary (§ 459). The jury found gun use allegations (§ 12022.5) true as to both charges. On appeal, defendant contends the trial court erred in refusing to instruct the jury on imperfect defense of another. We agree and, finding the error prejudicial, reverse the judgment convicting...

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