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PEOPLE v. SILVA

No. B232618.

THE PEOPLE, Plaintiff and Respondent, v. MARTIN LOUIS SILVA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

Filed May 23, 2012.

Attorney(s) appearing for the Case

Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Marc A. Kohm and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

ASHMANN-GERST, J.

Martin Louis Silva appeals from the judgment entered upon his conviction by jury of second degree murder (Pen. Code, § 187, subd. (a)).1 The trial court sentenced him to state prison for a term of 15 years to life. Appellant contends that (1) the trial court erred and deprived him of his constitutional rights by failing to instruct the jury sua sponte that he...

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