California Court of Appeal

In a murder case, the Court affirmed the conviction of defendant and found that the trial court did not err in failing to give a jury instruction, CALJIC No. 8.72 (reasonable doubt between murder and manslaughter), sua sponte when it gave a proper instruction in accordance with CALJIC No. 17.10 (conviction of lesser offense instead of greater).

Appellate Information

• Decided 07/15/2004
• Published 07/15/2004

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Carlo Andreani, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, David A. Rhodes and Clayton S. Tanaka, Deputy Attorneys General, for Plaintiff and Respondent.