 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Barton12/18/1995
rged. Evidence offered by the prosecution, however, suggested that Sanchez was unarmed (no knife was found in his possession, and the folding knife found in Sanchez's car was unopened) and that just before the shooting Sanchez moved away from rather than toward defendant. Based on all the evidence, the jury could reasonably conclude that Sanchez was unarmed, but that defendant, his judgment clouded by his anger, unreasonably believed that Sanchez was armed and trying to attack him, and that defendant deliberately fired his gun in response to this perceived threat. Although defendant claimed that the gun discharged accidentally, the jury could reasonably discount this self-serving testimony in light of evidence that (1) defendant repeatedly told Sanchez he would shoot if Sanchez did not drop the knife and get out of the car; (2) the gun had a "medium" pull of more than seven pounds, great enough for the jury to conclude that an accidental discharge was improbable; and (3) defendant was an experienced marksman who was unlikely to fire a gun accidentally.
In maintaining that the trial court should not have instructed the jury on voluntary manslaughter, defendant points out that neither party argued to the jury that the evidence supported a manslaughter conviction. The prosecution argued that the killing was intentional, but not the result of heat of passion or an unreasonable belief in the need for self-defense, and that defendant was therefore guilty of murder, not manslaughter. The defense, on the other hand, argued that the shooting was accidental, and thus that defendant was guilty of neither murder (which requires malice) nor manslaughter (which requires the intent to kill). A trial court's sua sponte duty to instruct on lesser included offenses arises, however, not from the arguments of counsel but from the evidence at trial. "The jury should not be constrained by the fact that the prosecution and defense have chosen to focus on certain theories." ( Wickersham, supra, 32 Cal. 3d at p. 324.) The trial court must instruct on lesser included offenses when there is substantial evidence to support the instruction, regardless of the theories of the case proffered by the parties. Here, as set forth above, the evidence supported an instruction on voluntary manslaughter as a lesser included offense, notwithstanding the arguments of the prosecution and defense.
Defendant also argues that the trial court's decision to instruct the jury on the crime of voluntary manslaughter violated his right to due process because he had no previous notice that this crime would be charged against him. He acknowledges that under "normal" circumstances, the indictment or the information places the defendant on notice that the prosecution may seek to establish guilt not only of the crimes specified in the charging document, but also of any lesser offenses included within those crimes. ( People v. Lohbauer (1981) 29 Cal. 3d 364, 369, 173 Cal. Rptr. 453, 627 P.2d 183; see also § 1159 [Trier of fact "may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged . . . ."].) Defendant asserts, however, that because the lesser included offense of voluntary manslaughter in this case was "derived through unwanted, inconsistent defense theory instructions," he somehow lacked notice of this crime, and the trial court's instruction on voluntary manslaughter therefore violated due process.
Through the information filed against him, defendant was on notice of the charge brought by the prosecution. The information charged defendant with murder. Because voluntary manslaughter is a
Page 1 2 3 4 5 6 7 8 9 10 11 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|