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PEOPLE v. LEWELLING

No. A147248.

16 Cal.App.5th 276 (2017)

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL R. LEWELLING, Defendant and Appellant.

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

October 17, 2017.

Attorney(s) appearing for the Case

Kerley Schaffer, Dylan Leon Schaffer, Jesse Suarez; Rains Lucia Stern and Harry Sandel Stern for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Assistant Attorney General, Donna M. Provenzano and Aileen Bunney, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

We began a recent opinion with the observation that "[o]ne of the more disconcerting things that can occur at a criminal trial is the discovery that there is no CALCRIM instruction for the offense charged, thus requiring the judge — hopefully with the assistance of counsel — to formulate appropriate...

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