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PEOPLE v. MOBERLY

No. F054954.

176 Cal.App.4th 1191 (2009)

THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE MOBERLY, Defendant and Appellant.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

DAWSON, J.—

Appellant Robert Lee Moberly shot and killed his son during an argument. A jury acquitted him of first and second degree murder, but found him guilty of voluntary manslaughter. The trial court sentenced him to 21 years in prison.

Appellant challenges both his conviction and sentence, arguing that (1) the trial court's failure to give a "benefit of the doubt" instruction regarding the choice between voluntary...

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