People v. Lokey CA3

Filed 12/23/24 P. v. Lokey CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C098388

Plaintiff and Respondent, (Super. Ct. No. 20FE020161)

v.

JERRY GENE LOKEY,

Defendant and Appellant.

A jury convicted defendant Jerry Gene Lokey of second degree murder. Defendant contends the prosecutor committed prejudicial misconduct during closing argument by inappropriately presenting an example of voluntary manslaughter based on heat of passion. Because defendant fails to show a reasonable likelihood that the jury construed or applied the complained-of example in an improper or erroneous manner, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was living in a mobile home (also…