P. v. Quel CA2/7
A jury convicted Ricardo Quel of attempted murder (Pen. Code, §§ 664, 187, subd. (a)) and aggravated mayhem (§ 205). The jury also found Quel acted willfully, deliberately, and with premeditation, personally used a deadly weapon, and inflicted great bodily injury on the victim, his former girlfriend, Veronica Bacenas-Flores. Quel argues that substantial evidence does not support the jury’s finding the attempted murder was premeditated and deliberate and that the trial court should have instructed the jury that provocation can raise a reasonable doubt regarding premeditation and deliberation. Quel also argues the trial court prejudicially erred by excluding a hearsay statement by the victim relating to Quel’s provocation defense and by failing to admonish the jury after the prosecutor in her closing argument misstated the law regarding provocation. Finally, Quel contends the cumulative effect of the trial court’s errors deprived him of due process and a fair trial.
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