P. v. Esquivel
A jury convicted defendant Ricardo DeJesus Esquivel of second degree murder with discharging a firearm causing death. (Pen. Code, §§ 187, subd. (a), 12022.53, subds. (b), (c) & (d).)[1] The trial court sentenced him to a total term of 40 years to life. He appeals from the judgment of conviction, contending that the trial court erred by informing the jury that provocation could negate the premeditation and deliberation required for first degree murder but failed to explain that provocation could also negate malice so as to reduce a murder to manslaughter. We disagree and affirm the judgment.
Comments on P. v. Esquivel