PEOPLE v. LE

No. H030808.

69 Cal.Rptr.3d 831 (2007)

158 Cal.App.4th 516

The PEOPLE, Plaintiff and Respondent, v. Johnny Viet LE, Defendant and Appellant.

Court of Appeal of California, Sixth District.

December 27, 2007.


Attorney(s) appearing for the Case

Kyle Gee, Under Appointment by the Court of Appeal, Under the Sixth District Appellate Program's Unassisted Case System, for Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Seth K. Schalit and John H. Deist, Deputy Attorneys General, for Respondent.


ELLA, J.

A jury found appellant guilty of the second-degree murder of his wife's lover and also found true an allegation that he had personally used a deadly weapon. (Pen. Code §§ 187, 12022, subd. (b).) The trial court sentenced him to a state prison term of 15 years to life. Appellant contends, "The trial court erred in instructing under CALCRIM No. 917 that mere "words' cannot establish a defense to battery, and in permitting the prosecutor to argue to...

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