P. v. Eleazarraraz
A jury convicted defendant of second degree murder (Pen. Code, SS 187, 189) and found true firearm use allegations (SS 12022.5, subd. (a), 12022.53, subd. (d)). Defendant was sentenced to state prison for 40 years to life, consisting of 15 years to life for the murder and 25 years to life for the section 12022.53, subdivision (d) firearm use.
On appeal, defendant contends the trial court erred when it failed to instruct the jury, sua sponte, that (1) "voluntary manslaughter includes cases in which express malice is found not to be present due to intoxication and implied malice is found not to be present for another reason," and (2) involuntary manslaughter may be committed on the theory of voluntary intoxication. Court reject both contentions.
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