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PEOPLE v. BOATMAN

No. E054852.

221 Cal.App.4th 1253 (2013)

165 Cal. Rptr. 3d 521

THE PEOPLE, Plaintiff and Respondent, v. BENJAMIN JAMES BOATMAN, Defendant and Appellant.

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

December 4, 2013.

Attorney(s) appearing for the Case

Tracy A. Rogers , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Julie L. Garland , Assistant Attorney General, Peter Quon, Jr. , and Anthony Da Silva , Deputy Attorneys General, for Plaintiff and Respondent.

CERTIFIED FOR PARTIAL PUBLICATION*

OPINION

KING, J. —

I. INTRODUCTION

Defendant and appellant, Benjamin James Boatman, shot his girlfriend, Rebecca Marth, in the face, killing her. Defendant said the shooting was an accident. At trial, he argued that although he was criminally negligent, he did not commit murder. A jury convicted him of first degree murder (Pen. Code, § 187...

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