People v. Simon

Opinion

WIENER, J.

Defendant Leo Simon appeals after a jury found him guilty of second degree murder (Pen. Code, §§ 187, 189)1 and found that he used a firearm in the commission of the murder (§ 12022.5). The issue in this case involves the admissibility of a prior assault committed by Simon directed against a person other than the victim. While potentially admissible to negate Simon’s claim of self-defense, we have determined that the procedures surrounding the court’s determination of its admissibility and the limiting instructions given to the jury were insufficient. Accordingly, we reverse.

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