P. v. Carbajal
Following a jury trial, defendant Christopher Carlos Carbajal was convicted of second degree murder (Pen. Code, 187, subd. (a)). The jury also found true the allegation that defendant personally used a deadly and dangerous weapon, a knife, within the meaning of section 12022, subdivision (b)(1). Defendant was sentenced to state prison for a total indeterminate term of 16 years to life. He appeals, contending (1) the trial court erroneously instructed the jury on the element of malice required to sustain a conviction for second degree murder; (2) the trial court erroneously instructed the jury that it could not return a verdict on the lesser offense of voluntary manslaughter unless it first unanimously acquitted defendant of murder; (3) the trial court erred in its instructions to the jury when it repeatedly phrased the offense of manslaughter in terms of reducing homicide from murder to manslaughter; and (4) the cumulative error doctrine applies.
The judgment is affirmed.
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