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PEOPLE v. CONCHA

No. S163811.

47 Cal.4th 653 (2009)

THE PEOPLE, Plaintiff and Respondent, v. REYAS CONCHA et al., Defendants and Appellants.

Supreme Court of California.

November 12, 2009.

Attorney(s) appearing for the Case

Maria Morrison, under appointment by the Supreme Court, for Defendant and Appellant Reyas Concha.

Diana M. Teran, under appointment by the Supreme Court, for Defendant and Appellant Julio Hernandez.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Paul M. Roadarmel, Jr., Scott A. Taryle and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

Mitchell Keiter as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

CHIN, J.—

Reyas Concha, Julio Hernandez, and Max Sanchez attempted to murder Jimmy Lee Harris. During the attempt, Harris responded in self-defense by stabbing Max Sanchez to death. Relying on the so-called provocative act murder doctrine, the jury convicted defendants Concha and Hernandez of first degree murder for the death of Sanchez. We granted review to determine whether a defendant may be liable for first degree murder when...

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