P. v. Renteria
Appellant was a live-in caretaker for his brother Jimmy and his sister-in-law Bernice. Appellant felt they mistreated him, so one day, following an argument with Jimmy, he shot them both to death. At trial, he argued he acted in the heat of passion and was therefore guilty only of manslaughter. However, the jury convicted him of murdering Bernice in the first degree, and Jimmy in the second. Now, for the first time, he contends the court should have instructed on the defense of unconsciousness. He also claims the court erred in responding to the jurys questions about the provocation component of manslaughter, sentencing him to consecutive terms and imposing a parole revocation fine. We agree, as does the Attorney General, the fine was improper and must be stricken. However, finding appellants remaining arguments unmeritorious, Court affirm the judgment in all other respects.
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