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PEOPLE v. MORTON

No. G036413.

70 Cal.Rptr.3d 827 (2008)

159 Cal.App.4th 239

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

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

January 22, 2008.

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 appealed 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 argued the court abused its discretion in allowing the jury to hear evidence he had engaged in a prior, uncharged incident...

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