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Legal Opinion

People v. Hernandez

California Court of Appeal

Decided April 16, 2010No. D055331PublishedCited by 44 opinions

1Opinion of the Court

Opinion

HALLER, J.

A jury convicted Christopher Prieto Hernandez of first degree murder on a theory of premeditation and deliberation. On appeal, Hernandez asserts the standard jury instruction on provocation (CALCRIM No. 522) was incomplete and misleading as it relates to second degree murder. We reject this contention and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On the evening of July 26, 2003, Hernandez had an argument with his girlfriend. After the argument, he left their home on foot. He had a gun with him, and as he left their residence he fired the gun into the ground.

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2Cases cited13 opinions

  1. People v. ColeCalifornia Supreme Court · 2004
  2. People v. RogersCalifornia Supreme Court · 2006
  3. People v. MayfieldCalifornia Supreme Court · 1997
  4. People v. ChunCalifornia Supreme Court · 2009
  5. People v. ValentineCalifornia Supreme Court · 1946

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3Cited by44 opinions

  1. State v. HinrichsenNebraska Supreme Court · 2016
  2. People v. JonesCalifornia Court of Appeal · 2014
  3. People v. Rodriguez, California Court of Appeal, 5th District2018
  4. (HC) Breiner v. PollardDistrict Court, E.D. California · 2023
  5. (HC) Harris v. FrauenheimDistrict Court, E.D. California · 2021

39 more not listed; retrieve them via the Exa API.

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