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PEOPLE v. BARBERA

No. B227138.

THE PEOPLE, Plaintiff and Respondent, v. RICHARD CARLTON BARBERA, Defendant and Appellant.

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

Filed September 22, 2011.

Attorney(s) appearing for the Case

Thomas T. Ono , under appointment by the Court of Appeal, for Defendant and Appellant

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Senior Assistant Attorney General, Scott A. Taryle , Supervising Deputy Attorney General, and Eric J. Kohm , Deputy Attorney General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

JOHNSON, J.

Richard Barbera was convicted of second degree murder and elder abuse in the death of his 74-year-old mother. Barbera contends that based on his history of mental illness, drug abuse, caretaking for his mother and the chronology of events, there is insufficient evidence that he acted with implied malice to support his conviction for second degree murder. We affirm.

PROCEDURAL BACKGROUND

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