P. v. Berumen
Defendant Rafael Berumen appeals from a judgment entered after a jury convicted him of one count of murder in the first degree (Pen. Code, § 187, subd. (a)),[1] and found to be true the firearm allegations (§ 12022.53, subds. (b)-(d)). The jury did not reach a finding on the alleged special circumstance that the murder was committed by means of lying in wait (§ 190.2, subd. (a)(15)).
Appellant was sentenced to a total term of 50 years to life in state prison based on a term of 25 years to life for his murder conviction and a consecutive term of 25 years to life for the section 12022.53, subdivision (d), firearm enhancement.
Appellant contends that the trial court prejudicially erred when it instructed the jury that, as a matter of law, smirking or grinning is inadequate provocation to reduce murder to manslaughter under a heat of passion theory. Although the instruction may have been erroneous, any error was not prejudicial. We affirm.
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