California Court of Appeal

Conviction and sentence for voluntary manslaughter is affirmed over claims that the trial court: 1) committed prejudicial error in failing to instruct the jury on involuntary manslaughter as a lesser included offense of murder; 2) imposed an upper term sentence for voluntary manslaughter based on factual determinations made by the trial judge, not the jury, in violation of defendant's federal constitutional right to a jury trial under Cunningham v. California 549 U.S. ___ (2007).

Appellate Information

• Decided 04/21/2008
• Published 04/21/2008

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Catherine White, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.