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People v. Moye, No. S157980

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By FindLaw Staff on August 25, 2009 2:44 PM

In a second degree murder case, Court of Appeal's judgment reversing defendant's murder conviction based on its determination that the trial court's jury instructional error was prejudicial is reversed and remanded where the evidentiary record supports the trial court's determination that there was insufficient evidence to warrant instruction on a sudden quarrel/heat of passion theory of voluntary manslaughter.      

Read People v. Moye, No. S157980 

Appellate Information
Appeal from Los Angeles County Super. Ct. No. KA074073.
Filed August 24, 2009

Judges
Before: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by Baxter, J.

Counsel
For Plaintiff:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Kristofer Jorstad and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.  

For Defendant: Patricia A. Scott, under appointment by the Supreme Court.

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