P. v. Fulkerson CA3
Following a jury trial, defendant Harold Fulkerson was convicted of second degree murder (Pen. Code, § 187, subd. (a)) with an enhancement for personally using a deadly weapon (§ 12022, subd. (b)(1)). Defendant admitted an on-bail enhancement and was sentenced to 15 years to life plus three years in state prison.
On appeal, defendant contends the trial court erred in failing to instruct sua sponte on involuntary manslaughter as a lesser included offense of murder based on unconsciousness due to voluntary intoxication. We shall affirm.
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