P. v. Carbajal
A jury found defendant Clemente Sanchez Carbajal guilty of second degree murder (Pen. Code, 187), in the course of which he had personally used a knife (id., 12022, subd. (b)(1)). It acquitted the codefendant (his brother) of any form of homicide or being an accessory after the fact. The trial court sentenced defendant to 16 years to life in state prison. On appeal, defendants sole contention is that the trial court erred in failing to instruct sua sponte in connection with the lesser offense of voluntary manslaughter on the alternative theory of sudden quarrel or heat of passion. Court shall affirm the judgment.
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