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PEOPLE v. HERNANDEZ

No. D055331.

183 Cal.App.4th 1327 (2010)

107 Cal. Rptr. 3d 915

THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER PRIETO HERNANDEZ, Defendant and Appellant.

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

April 16, 2010.

Attorney(s) appearing for the Case

Jerry D. Whatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Angela Borzachillo and Peter Quon, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

HALLER, J.—

A jury convicted Christopher Prieto Hernandez of first degree murder on a theory of premeditation and deliberation. On appeal, Hernandez asserts the standard jury instruction on provocation (CALCRIM No. 522) was incomplete and misleading as it relates to second degree murder. We reject this contention and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On the evening of July 26, 2003, Hernandez...

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