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PEOPLE v. NAJERA

No. G034988.

41 Cal.Rptr.3d 244 (2006)

138 Cal.App.4th 212

The PEOPLE, Plaintiff and Respondent, v. Abimael Flores NAJERA, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

March 30, 2006.

Attorney(s) appearing for the Case

Paul R. Ward, Murrieta, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, David Delgado-Rucci and Jennifer Jadovitz, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FYBEL, J.

INTRODUCTION

Defendant Abimael Flores Najera was charged with the first degree murder of Victor Hernandez. The jury convicted Najera of second degree murder, and the trial court sentenced him to an indeterminate term of 15 years to life. Najera contends the conviction for second degree murder should be reduced to voluntary manslaughter (Pen.Code, § 192, subd. (a)) on several...

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