P. v. Valdez CA2/7
Defendant Christian Valdez appeals from a judgment of conviction entered after a jury found him guilty of second degree murder (Pen. Code, § 187, subd. (a)). The judgment also reflected Valdez’s admission to the truth of a prior felony conviction for which he served a prison term (§ 667.5, subd. (b)). The trial court sentenced Valdez to 15 years to life in prison, plus a one-year sentencing enhancement based on the prior conviction. Valdez makes two contentions on appeal. First, the trial court erred in failing to instruct the jury sua sponte on the lesser included offense of voluntary manslaughter based on imperfect self-defense. Second, his attorney’s failure to request such an instruction constituted ineffective assistance of counsel. Neither contention has merit. Therefore, we affirm the judgment.
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