P. v. Dungo 8/24/09 CA3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: C055923

Case Date: 12/03/2009

Preview:Filed 8/24/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)

THE PEOPLE, Plaintiff and Respondent, v. REYNALDO SANTOS DUNGO, Defendant and Appellant.

C055923 (Super. Ct. No. SF100023A)

APPEAL from a judgment of the Superior Court of San Joaquin County, Charlotte J. Orcutt, Judge. Reversed. Ann Hopkins, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, David A. Rhodes, Supervising Deputy Attorney General, Daniel B. Bernstein, Deputy Attorney General, for Plaintiff and Respondent.

Defendant Reynaldo Santos Dungo admitted choking his girlfriend Lucinda Correia Pina to death, but claimed he did so only after he was provoked to the point of losing control, and

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thus, was guilty of at most voluntary manslaughter.

The jury

disagreed and found defendant guilty of second degree murder, in part on the basis of the testimony of a pathologist (Dr. Robert Lawrence). (Pen. Code,

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