People v. Wright CA3

Filed 4/3/24 P. v. Wright 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Butte) ----

THE PEOPLE, C096558

Plaintiff and Respondent, (Super. Ct. No. 21CF03982)

v.

JEDIDIAH JAMES WRIGHT,

Defendant and Appellant.

Defendant Jedidiah James Wright stabbed John S. during an altercation, killing him. A jury found him guilty of second degree murder. Defendant claims he was denied a fair trial when the court failed to properly instruct the jury and when his counsel failed to object to the prosecution’s dilution of its standard of proof. We agree the jury was improperly instructed as to the wrongful conduct portion of CALCRIM No. 571. We also agree defendant was thereby prejudiced. We shall therefore reverse the…