P. v. Kanda
Defendant Romesh Chander Kanda appeals from a judgment entered after a jury convicted him of second degree murder and assault with a firearm and further found that he personally used a handgun during the commission of both offenses. (Pen. Code, 187, 245, subd. (a)(2), 12022.5, subd. (a).) On appeal, he claims the court gave erroneous instructions on how to determine the sufficiency of provocation for the purpose of voluntary manslaughter under a heat of passion theory. He also claims the prosecutor was guilty of misconduct in arguing an erroneous standard for determining the sufficiency of provocation. Court find instructional error that compels reversal of the murder conviction.
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