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P. v. Buenrostro
After Miguel Angel Buenrostro choked Mary Crail to death on April 2, 2008 and took her car, he was charged by information with murder (Pen. Code, 187, subd. (a)) and grand theft automobile (Pen. Code, 487, subd. (d)(1)). It was further alleged that in committing the murder, Buenrostro had inflicted great bodily injury on Crail.
At trial, Buenrostro testified that on the night of the murder, he and Crail had consumed alcoholic drinks and then had sex. Afterwards, Crail repeatedly insulted defendant, and he lost control. Defendant did not realize what he had done until later, and he believed his drinks had been doctored with something because he had never before behaved that way. Buenrostro fled to Mexico in Crails car and was later arrested and returned to the United States.

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