In a second degree murder case, Court of Appeal's judgment reversing defendant's murder conviction based on its determination that the trial court's jury instructional error was prejudicial is reversed and remanded where the evidentiary record supports the trial court's determination that there was insufficient evidence to warrant instruction on a sudden quarrel/heat of passion theory of voluntary manslaughter.
Appeal from Los Angeles County Super. Ct. No. KA074073.
Filed August 24, 2009
Before: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.
Opinion by Baxter, J.
For Plaintiff: Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Kristofer Jorstad and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.
For Defendant: Patricia A. Scott, under appointment by the Supreme Court.