P. v. Garcia
On appeal, Garcia contends the trial court committed reversible instructional error by failing to sua sponte instruct the jury on the offense of involuntary manslaughter due to voluntary intoxication to the point of unconsciousness. In the alternative, he claims trial counsel rendered ineffective assistance by failing to request this instruction. Garcia also argues the court erred by refusing defense counsels request for CALCRIM No. 511, a standard instruction on excusable homicide when there is evidence the defendant accidentally killed someone in the heat of passion. Court affirm the judgment.
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