P. v. Magdaleno CA4/2
A jury convicted Domingo Grajeda Magdaleno of second degree murder for running over his girlfriend with his truck during a domestic dispute while her daughter looked on. On appeal, Magdaleno argues his murder conviction cannot stand because the trial court improperly excluded evidence crucial to proving he was instead guilty of voluntary manslaughter under a provocation theory. We affirm. The evidence Magdaleno cites is irrelevant to the issue of provocation and, in any event, the record does not support a provocation theory as a matter of law.
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