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P. v. Lee CA4/1
Christopher Brandon Lee admitted killing Erin C., with whom he was having an extramarital affair, but claimed that he killed her in a fit of rage after she admitted molesting his young daughter. A jury convicted him of first degree murder and found true the allegation that he killed Erin by means of lying in wait. The trial court sentenced him to life in prison without parole.
Lee appeals, contending the trial court erred in instructing the jury with CALCRIM No. 522 (provocation), as written, in combination with CALCRIM No. 570 (voluntary manslaughter based on sudden quarrel or heat of passion) because CALCRIM No. 522 is ambiguous and misleading when read in the context of the definition of provocation given in CALCRIM No. 570. He claims that had the jury been more fully instructed it could have found that he did not premeditate and deliberate the killing and convicted him of second degree murder, rather than first degree murder. We disagree and affirm the judgment.

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