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PEOPLE v. FERGUSON

No. G043190.

194 Cal.App.4th 1070 (2011)

THE PEOPLE, Plaintiff and Respondent, v. ELIJAH LEIGH FERGUSON, Defendant and Appellant.

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

April 28, 2011.

Attorney(s) appearing for the Case

Cara DeVito , 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, Randall D. Einhorn and Tami Falkenstein Hennick , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

O'LEARY, J.—

Elijah Leigh Ferguson appeals from his conviction for second degree murder, driving under the influence causing great bodily injury, and driving with a blood-alcohol level of 0.08 percent or higher causing great bodily injury. Ferguson contends (1) the trial court erred in denying his request for an instruction on the partial defense of unconsciousness as a result of voluntary intoxication (CALCRIM No. 626), which...

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