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P. v. Jimenez CA5
A jury convicted David Perez Jimenez of first degree murder of his wife, rejecting alternative theories that he was guilty of a lesser offense based on provocation. On appeal, Jimenez argues that there was (1) no substantial evidence of premeditation or deliberation and (2) the trial court’s jury instructions misled the jury as to the applicable test for provocation. We reject these arguments and affirm the judgment.

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