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PEOPLE v. CHARABICENTE

B200355

THE PEOPLE, Plaintiff and Respondent, v. JUAN ALBERTO CHARABICENTE, Defendant and Appellant.

Court of Appeals of California, Second Appellate District, Division Eight

Not to be Published in the Official Reports

Attorney(s) appearing for the Case

Robert E. Boyce, 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, Kristopher Jorstad and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent.

COOPER, P. J.

SUMMARY

The defendant was convicted of second degree murder, and contends on appeal that the trial court erred in refusing his request to instruct the jury on the lesser included offense of involuntary manslaughter. We agree, and reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Juan Alberto Charabicente was charged by information with the murder of Besheale Goldsmith, a prostitute with whom he and at least one other...

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