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P. v. Pena
Defendant Daniel George Peña is serving a prison term of 32 years to life for attempted murder (Pen. Code, §§ 187, subd. (a), 664)[1] accompanied by firearm use resulting in great bodily injury (§ 12022.53, subds. (d), (e)(1)). On appeal, he claims that the trial court erred by not instructing the jury to consider the less serious offenses of voluntary manslaughter and attempted voluntary manslaughter. He also claims that counsel rendered ineffective assistance of counsel when he failed to ask the court to instruct on completed and attempted voluntary manslaughter.
The claims are without merit and we will affirm the judgment. Defendant has also filed a petition for writ of habeas corpus, which we have ordered considered with this appeal. In it, he makes an additional claim of ineffective assistance of counsel arising from the jury trial. We have disposed of the petition by separate order filed this date. (Cal. Rules of Court, rule 8.387(b)(2)(B).)

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