P. v. Maestaz
Defendant John Maestaz shot and killed Marcus Cardenas. His defense was that he justifiably did so in self-defense and defense of another. He was charged with murder but convicted only of the lesser included offense of voluntary manslaughter and sentenced to 21 years in state prison. Maestaz contends the trial court gave an improper instruction on justifiable homicide, erred in refusing to strike allegations regarding a prior conviction, and abused its discretion in sentencing. Court agree the court gave an improper instruction but conclude the error was harmless beyond a reasonable doubt. We find no abuse of discretion in the courts refusal to strike allegations or its other sentencing deliberations. Accordingly, Court affirm.
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