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P. v. Gallegos CA6
Defendant Vincent Lewis Gallegos was convicted by jury trial of second degree murder (Pen. Code, § 187), and the jury found true that he had personally used a knife in the commission of the murder (§ 12022, subd. (b)(1)). He was sentenced to 16 years to life in prison.
At trial, defendant testified and admitted that he had killed the victim. He claimed that he had acted in self defense. The defense presented evidence that the victim had been involved in three physical confrontations with third parties. A prosecution witness, who was the victim’s boyfriend and had been granted immunity, testified on rebuttal about one of those incidents and asserted that he was responsible for one of the blows during that incident.

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