P. v. Rocha
A jury convicted defendant of second degree murder and found that he personally and intentionally discharged a firearm in the commission of that offense, proximately causing the death of Diana Jeffreys. (Pen. Code, 187, 12022.53, subd. (d).) Defendant was sentenced to 40 years to life in prison.
On appeal, defendant contends that the trial court erroneously failed to instruct the jury on the defense of habitation (CALCRIM 506), and that defense counsel rendered constitutionally ineffective assistance of counsel by withdrawing his request for an instruction on involuntary manslaughter (CALCRIM 580) and failing to request redaction of his taped statement to police to delete the officers statements indicating that they disbelieved him. Court affirm.
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