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PEOPLE v. RAMIREZ

No. B218413.

189 Cal.App.4th 1483 (2010)

117 Cal. Rptr. 3d 783

THE PEOPLE, Plaintiff and Respondent, v. RAFAEL A. RAMIREZ, Defendant and Appellant.

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

November 12, 2010.

Attorney(s) appearing for the Case

Landra E. Rosenthal , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Yun K. Lee and Corey J. Robins , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

ROTHSCHILD, J.—

Rafael A. Ramirez appeals from convictions on one count of murder and two firearms charges. He argues that the superior court erred by failing to instruct the jury on voluntary manslaughter on a heat of passion theory, and we agree.

We also conclude that the error was prejudicial. In particular, we reject respondent's argument that...

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