P. v. Enciso
Defendant appeals his second degree murder conviction, contending insufficiency of the evidence to support the subjective component of implied malice, prosecutorial misconduct during closing argument, and trial court error in concluding he was presumptively ineligible for probation under Penal Code section 1203, subdivision (e)(3), without any findings by either the court or the jury. Court reversed the trial court’s denial of probation and remand the matter for resentencing. Court affirmed the judgment in all other respects.
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