P. v. Cortes
In February2008, a jury convicted defendant Leopoldo Alejandro Cortes of first degree murder (Pen. Code, § 187, subd. (a))[1] and found true an allegation that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)). This court reversed the judgment in January 2011, finding that the trial court had improperly restricted the testimony of the defense psychiatric expert. (People v. Cortes (2011) 192 Cal.App.4th 873 (Cortes I).)
In November 2013, upon retrial, a jury found defendant not guilty of first degree murder but convicted him of second degree murder. The jury found true the deadly weapon allegation. In January 2014, defendant was sentenced to a prison term of 16 years to life.
On appeal, defendant contends the trial court erred by (1) instructing the jury that the owner, occupant, or agent of a home may use reasonable force to make a trespasser leave, (2) admitting gang evidence, and (3) improperly instructing the jury on how to consider evi
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