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PEOPLE v. KIRKWOOD

No. B230724.

THE PEOPLE, Plaintiff and Respondent, v. THOMAS DEWAYNE KIRKWOOD, Defendant and Appellant.

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

Filed July 2, 2012.

Attorney(s) appearing for the Case

Dennis L. Cava , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Michael C. Keller and David A. Wildman , Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

BOREN, P.J.

Thomas Dewayne Kirkwood challenges the sentence he received following his conviction for voluntary manslaughter. Appellant shot his unarmed stepson three times, at close range. Despite the deliberate nature of the killing, appellant is unhappy that he received the upper term of 11 years, plus a 10-year firearm use enhancement. We affirm. Appellant has not shown that the sentence is arbitrary or irrational...

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