P. v. Cruz
A jury found defendant Luis Alberto‑Acevedo Cruz guilty of first degree murder and found he committed the murder by intentionally and personally discharging a firearm. Defendant contends the trial court erred by (1) instructing the jury with CALCRIM No. 521 (2006‑2007) on first degree murder, arguing the instruction contains inaccurate definitions of the terms willful action, premeditation, and deliberation, and (2) denying his request to instruct the jury on involuntary manslaughter as a lesser included offense of murder. Court affirm. As explained post, CALCRIM No. 521 accurately defined willful action, premeditation, and deliberation, and was properly given to the jury. Furthermore, a jury instruction on involuntary manslaughter as a lesser included offense of murder was not warranted by the evidence presented at trial.
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