P. v. Vasquez
Defendant Glenn Vasquez was 15 years old in July 2004 when he participated in a shooting that killed Sergio Sanchez. In May 2011, a jury convicted defendant of one count of second degree murder and acquitted him of three counts of attempted murder. The jury found true the allegations that defendant had personally used a firearm, personally discharged a firearm, and personally discharged a firearm causing death during the commission of a murder offense but that the murder had not been committed for the benefit of a street gang. The court sentenced defendant to a term of 40 years to life.
On appeal defendant contends the trial court committed instructional error when it told the jurors they could not consider the lesser offense of voluntary manslaughter if they found the presence of implied malice. We hold there was no instructional error and affirm the judgment.
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