P. v. Cuevas
Filed 7/14/06 P. v. Cuevas CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. MANUEL CASTILLO CUEVAS, Defendant and Appellant. | A109079 (Alameda County Super. Ct. No. CH36249) |
Manuel Castillo Cuevas timely appeals from a January 13, 2005 judgment sentencing him to 15 years to life in state prison for second degree murder (Pen. Code, § 187, subd. (a)),[1] plus a consecutive term of 10 years for personally using a firearm while committing the offense (§ 12022.53, subd. (b)). On July 20, 2004, a jury acquitted Cuevas of first degree murder, but convicted him of second degree murder and found true the firearm use allegation. Cuevas makes two arguments on appeal. First, he argues instructing the jury with CALJIC No. 8.42 [Sudden Quarrel or Heat of Passion and Provocation Explained] violated due process and equal protection of law because the instruction uses the â€
