California Court of Appeal

Sentence and conviction of first degree murder of defendant's wife, Pen. Code section 187(a), with true findings of all firearm and deadly weapon allegations, sections 12022.53(d) and 12022(b)(1), are affirmed over defendant's meritless contentions that: 1) the prosecutor committed prejudicial misconduct by misstating the law regarding voluntary intoxication and heat of passion in closing argument; 2) the trial court's incorrect instruction on the mental state required for voluntary manslaughter constituted prejudicial error and violated due process.

Appellate Information

• Published 2017/01/25

Judges

• LUI

Court

• California Court of Appeal

Counsel