P. v. Masalosalo
This is an appeal from a judgment convicting appellant Robert Pati Masalosalo of voluntary manslaughter and finding true the allegation that he personally used a knife. Appellant claims his conviction should be reversed because: (1) the trial court failed to instruct the jury sua sponte on the lesser included offense of involuntary manslaughter, (2) the jury engaged in prejudicial misconduct by discussing the case outside of deliberations, and (3) the trial court erred by imposing a midterm sentence totaling seven years in state prison, requiring remand for resentencing. Court affirm.
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