P. v. Smith
A jury convicted defendant, Johnathon Lee Smith, of: first degree murder (Pen. Code,[1] § 187, subd. (a)); first degree residential robbery (§ 211); first degree burglary, person present (§§ 459, 667.5, subd. (c)); and arson of an inhabited structure. (§ 451, subd. (b).) Defendant admitted the following allegations were true: he had sustained one prior serious felony conviction (§§ 667, subds. (b)-(i), 1170.12); he had sustained a single prior serious felony conviction (§ 667, subd. (a)(1)); and he had served prior separate prison terms (§ 667.5, subd. (b).) Defendant was sentenced to a determinate term of 23 years consecutive to an indeterminate term of 55 years to life. Defendant argues: his murder conviction must be reversed because the trial court failed to instruct on voluntary intoxication as it relates to involuntary manslaughter; his arson conviction must be reversed because the trial court failed to give an aiding and abetting instruction; and a theft fine plus penalty assessments must be deleted from the abstract of judgment because the trial court did not orally impose any such fine. We modify the judgment, direct further limited sentencing proceedings and order correction of the abstract of judgment.
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