P. v. Bernal
jury convicted defendant Erika Bernal of second degree murder ( 187, subd. (a)) and assault on a child under the age of eight years causing death ( 273ab). The victim was defendants 21-month old son Jose. The trial court imposed a sentence of 25 years to life on count 2 ( 273ab) and imposed, but stayed pursuant to section 654, a sentence of 15 years to life on count 1 ( 187, subd. (a)).
In this appeal, defendant contends primarily that the trial court committed reversible error by failing to instruct sua sponte on the theory of voluntary manslaughter. She argues that [reasonable interpretation of the evidence from [her] perspective was that for one tragic moment the heavy demands of raising two small children in a single room without the support of a husband or adequate money caused [her] to reach the breaking point and lash out with unexpected force from this provocation. Court disagree. As a matter of law, the evidence defendant relies upon does not constitute reasonably adequate provocation within the well-settled meaning of the law. Court therefore conclude that the trial court had no sua sponte duty to instruct upon voluntary manslaughter.
Secondarily, defendant attacks the trial courts decision to permit the prosecutor
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