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P. v. Blue
Originally charged with murder (Pen. Code,[1] § 187), defendant was convicted by a jury of voluntary manslaughter (§ 192, subd. (a)), with use of a firearm (§ 12022.5, subd. (a)). Defendant was sentenced to a total of 21 years in state prison. In this timely appeal, defendant contends that the jury was improperly instructed (failure to instruct pursuant to People v. Dewberry (1959) 51 Cal.2d 548 (Dewberry)[2] and that he was improperly sentenced (due to use of improper aggravating circumstances). We find no error and affirm.

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