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PEOPLE v. ZEPEDA

No. C054972.

167 Cal.App.4th 25 (2008)

THE PEOPLE, Plaintiff and Respondent, v. SANTOS NIETO ZEPEDA, Defendant and Appellant.

Court of Appeals of California, Third District.

September 25, 2008.

Attorney(s) appearing for the Case

Mark D. Greenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

NICHOLSON, J.

Defendant Santos Nieto Zepeda shot a rival gang member in the back, paralyzing him, and then shot and killed the rival's son. On appeal, he claims the trial court erred by (1) instructing the jury with CALCRIM No. 220, an instruction he claims misstates the proof beyond a reasonable doubt standard by not referring to the conviction of proof being deeply "felt"...

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