P. v. Burke CA4/1
A jury convicted Thomas Francis Burke IV of voluntary manslaughter (Pen. Code, § 192, subd. (a); count 1) as a lesser included offense to murder, and found true an allegation that Burke personally used a firearm in the commission of the offense (§ 12022.5, subd. (a)). The trial court sentenced Burke to a 16-year prison term, consisting of the midterm of 6 years for manslaughter plus the upper term of 10 years for the firearm enhancement. On appeal, Burke contends the trial court prejudicially erred by admitting what he characterizes as irrelevant and inflammatory evidence of his past text messages to a former girlfriend and other actions concerning her and her then current boyfriend, on the issue of Burke's character or propensity for violence.
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