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PEOPLE v. JOHNSON

No. B167361.

9 Cal.Rptr.3d 781 (2004)

115 Cal.App.4th 1169

The PEOPLE, Plaintiff and Respondent, v. Danny D. JOHNSON, Defendant and Appellant.

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

February 19, 2004.

Attorney(s) appearing for the Case

Barbara L. Sorem, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Marc E. Turchin and Analee J. Brodie, Deputy Attorneys General, for Plaintiff and Respondent.

ORTEGA, J.

Concluding that the trial court erred in amplifying on the reasonable doubt instruction, we reverse the judgment. Consequently, we do not reach defendant's claim that the trial court erred in refusing to instruct on a "claim-of-right" burglary defense.

BACKGROUND

After dating for a short while, defendant and the victim became parents of a baby girl. The trio moved into an apartment. Defendant soon left the victim for another woman. Citing...

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