P. v. Banuelos CA4/2
Defendant and appellant Ruben Banuelos appeals his conviction for second degree murder and shooting at an occupied dwelling. He raises numerous issues, including the contentions that there was no substantial evidence to support the murder conviction either on the basis that he personally shot the victim or under the provocative act doctrine, and that the evidence was insufficient as a matter of law to support the murder verdict under the provocative act doctrine. He also asserts instructional error with respect to the provocative act doctrine, Miranda error and prosecutorial misconduct.
We find no error or misconduct, and we affirm the judgment.
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