People v. Moberly
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
DAWSON, J.
Appellant Robert Lee Moberly shot and killed his son during an argument. A jury acquitted him of first and second degree murder, but found him guilty of voluntary manslaughter. The trial court sentenced him to 21 years in prison.
Appellant challenges both his conviction and sentence, arguing that (1) the trial court’s failure to give a “benefit of the doubt” instruction regarding the choice between voluntary and involuntary manslaughter violated the requirements of People v. Dewberry (1959) 51 Cal.2d 548 [334 P.2d 852] (Dewberry) and (2) the trial court violated the…
2Cases cited7 opinions
- Cunningham v. CaliforniaSupreme Court of the United States · 2007
- People v. ScottCalifornia Supreme Court · 1994
- People v. SandovalCalifornia Supreme Court · 2007
- People v. DewberryCalifornia Supreme Court · 1959
- People v. PriceCalifornia Court of Appeal · 1984
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- People v. ChismCalifornia Supreme Court · 2014
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- P. v. Pineda CA2/3California Court of Appeal · 2013
- People v. Carreles CA5California Court of Appeal · 2021
- People v. Charles CA5California Court of Appeal · 2021
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