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PEOPLE v. PIERCE

No. C053995.

172 Cal.App.4th 567 (2009)

THE PEOPLE, Plaintiff and Respondent, v. RANDY DEAN PIERCE, Defendant and Appellant.

Court of Appeals of California, Third District.

March 24, 2009.

Attorney(s) appearing for the Case

Steven Schorr, 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, Stephen G. Herndon and Carlos A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DAVIS, J.*

A jury convicted defendant Randy Dean Pierce of second degree murder (Pen. Code, § 187, subd. (a)) and the court sentenced him to prison for 15 years to life.

During closing arguments, counsel for the prosecution and for defendant spoke to the jury concerning the meaning of the phrase "an abiding conviction that the charge is true" as that phrase appears in CALCRIM No. 220, California...

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