P. v. Canon CA1/4
Christopher Canon appeals from a judgment upon a jury verdict finding him guilty of second degree murder (Pen. Code, 187). The jury also found true the allegation that defendant personally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)). In a separate court trial, the court found defendant guilty of assault on a peace officer with force likely to cause great bodily injury (§ 245, subd. (c)) and assault with force likely to cause great bodily injury (§ 245, subd. (a)). Defendant contends that the trial court erred in instructing the jury on manslaughter and that the trial court’s imposition of a 49-years-to-life term constitutes a de facto term of life imprisonment without parole (LWOP) in violation of the Eighth Amendment.
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