P. v. Lopez
A jury found defendant guilty of attempted first degree murder (Pen. Code, 664/187, subd. (a)).[1] The jury also found true that defendant had personally discharged a firearm causing great bodily injury or death within the meaning of sections 12022.53, subdivision (d) and 1192.7, subdivision (c)(8). Defendant was sentenced to an indeterminate term of life with the possibility of parole for the attempted murder plus a determinate term of 25 years for the personal use of a firearm allegation. Defendants sole contention on appeal is that the trial court erred in failing to instruct the jury on the lesser included offense of attempted voluntary manslaughter based on a heat of passion theory. Court reject this contention and affirm the judgment.
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