P. v. Everett
At the age of 17, appellant participated in a drive-by shooting that resulted in the death of one of the men at whom the shots were fired. Appellant later admitted to the police that he fired several shots at the group, but averred that he did not intend to kill the man who died. The markings on the fatal bullet were consistent with its having been fired from the gun appellant admitted using. The jury convicted appellant of second degree murder. On appeal, appellant argues that his statements to the police should not have been admitted into evidence because the police did not honor his request to call his mother or a lawyer. We reject this contention on the ground that substantial evidence supports the trial courts implied factual finding that appellant made no such request. Appellant also contends that the trial court should have instructed the jury sua sponte on involuntary manslaughter as a lesser included offense. Court reject this contention as well, because there was no substantial evidence to support such an instruction. Accordingly, Court affirm the judgment.
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