P. v. Perez
Defendant Faustino Anthony Perez was charged with and convicted by a jury of two counts of attempted murder, shooting at an occupied vehicle, five counts of assault with a semiautomatic firearm, and various enhancements. Despite substantial evidence the shooting constituted attempted voluntary manslaughter on either a heat of passion or imperfect self-defense theory, defendant did not request, and the trial court did not give, an instruction on the lesser included offense. We conclude the trial courts failure to instruct the jury sua sponte on attempted voluntary manslaughter constitutes reversible error as to the two counts of attempted murder. As to the remaining counts and enhancements, the judgment is affirmed. Because we also conclude there is substantial evidence to support the jury verdicts finding defendant guilty of two counts of attempted murder, defendant may be retried on the two attempted murder counts.
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