P. v. Lewis
Filed 8/21/06 P. v. Lewis CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR
| THE PEOPLE, Plaintiff and Appellant, v. LISA NICOLE LEWIS, Defendant and Respondent. | A110847 (Contra Costa County Super. Ct. No. 5-031088-8) |
A jury convicted Lisa Nicole Lewis of second degree murder (Pen. Code, § 187),[1] and found that she personally used a knife during the commission of the crime (§ 12022, subd. (b)(1)). Thereafter, the trial court reduced the conviction to voluntary manslaughter (§§ 192, 193, subd. (a)) pursuant to section 1181, subdivision (6), based on its determination that defendant acted without malice aforethought due to a heat of passion created by a person other than the victim. The trial court sentenced defendant to an aggregate sentence of 12 years. The People appeal, contending that a defendant's heat of passion must be due to sufficient provocation caused by the victim. We agree. Finding reversible error, we reverse the judgment, reinstate the jury verdict finding defendant guilty of second degree murder, and remand for further proceedings consistent with this opinion.
I. FACTUAL AND PROCEDURAL BACKGROUND
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