P. v. Lazcano
Adan Lazcano appeals from the judgment upon his conviction of murder in the first degree and of Penal Code section 12022.53 firearm discharge allegations.[1] Appellant asserts that his judgment should be reversed because the lower court erred: (1) in admitting evidence of alleged prior uncharged criminal conduct; (2) in failing to instruct the jury on the lesser included offense of heat of passion manslaughter; and (3) during sentencing to orally pronounce that the parole revocation fine was suspended. Appellant also claims that his trial counsel was ineffective for failing to request a pinpoint instruction with CALCRIM No. 522 on provocation. As we shall explain, only appellant’s contention about his sentence has merit. Nonetheless, remand is unnecessary because the abstract of judgment reflects the proper suspension of the fine. Accordingly, we affirm.
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