P. v. Martin
Defendant and appellant Joel Martin (defendant) appeals from the judgment entered after a jury convicted him of murder in the second degree and a second jury found true the allegation that he had personally and intentionally used a firearm to commit the murder. Defendant contends that the trial court erred in the first trial by refusing to give a jury instruction on voluntary manslaughter based upon heat of passion, and by denying a jury request for a readback of defense counsel’s closing argument. Defendant contends that the trial court erred in the second trial by precluding the jury from reconsidering defendant’s guilt on the underlying murder charge. Finding no merit to defendant’s contentions or that any error was harmless, we affirm the judgment.
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