P. v. Parrish
Defendant was convicted by a jury of voluntary manslaughter (Pen. Code, 192, subd. (a)) involving the personal use of a knife. ( 12022, subd. (b)(1).) She was sentenced to an upper term of 11 years for the voluntary manslaughter plus one year for the knife use.
On appeal, Parrish contends her conviction must be reversed because the court failed to instruct the jury on involuntary manslaughter and unconsciousness and gave misleading instructions on the prosecutor's burden of proof. She also contends her upper term sentence was unconstitutional because it was based on facts not found by a jury nor admitted by her. Court agree with her last contention and remand to the trial court for resentencing. In all other respects, Court affirm the judgment.
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