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PEOPLE v. MAESTAZ

B214394.

THE PEOPLE, Plaintiff and Respondent, v. JOHN MAESTAZ, Defendant and Appellant.

Court of Appeals of California, Second Appellate District, Division One.

March 2, 2010.

Attorney(s) appearing for the Case

William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie A. Miyoshi and E. Carlos Dominguez, Deputy Attorneys General, for Plaintiff and Respondent.

Not to be Published in the Official Reports

CHANEY, J.

Defendant John Maestaz shot and killed Marcus Cardenas. His defense was that he justifiably did so in self-defense and defense of another. He was charged with murder but convicted only of the lesser included offense of voluntary manslaughter and sentenced to 21 years in state prison. Maestaz contends the trial court gave an improper instruction on justifiable homicide, erred in refusing to strike allegations...

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