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PEOPLE v. MORTON

No. G036413.

61 Cal.Rptr.3d 266 (2007)

152 Cal.App.4th 323

The PEOPLE, Plaintiff and Respondent, v. Roy Lee MORTON, Defendant and Appellant.

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

June 20, 2007.

Attorney(s) appearing for the Case

Gerald J. Miller, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gil Gonzalez and Theodore M. Cropley, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BEDSWORTH, ACTING P.J.

Roy Lee Morton appeals from his conviction on charges of domestic battery with corporal injury (Pen.Code, § 273.5, subd. (a)), and misdemeanor assault (a lesser included offense of the aggravated assault charged pursuant to Pen.Code, § 245). Morton argues the court abused its discretion in allowing the jury to hear evidence he had engaged in a prior, uncharged incident...

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