Fear Not Law Articles: P. v. Eleazarraraz

P. v. Eleazarraraz

Filed 2/5/07 P. v. Eleazarraraz CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(San Joaquin)

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THE PEOPLE,

Plaintiff and Respondent,

PHILIP ROBERT ELEAZARRARAZ,

Defendant and Appellant.

C047875

(Super. Ct. No. SF089965A)

A jury convicted defendant Philip Robert Eleazarraraz of second degree murder (Pen. Code, §§ 187, 189) and found true firearm use allegations (§§ 12022.5, subd. (a), 12022.53, subd. (d)). Defendant was sentenced to state prison for 40 years to life, consisting of 15 years to life for the murder and 25 years to life for the section 12022.53, subdivision (d) firearm use.

On appeal, defendant contends the trial court erred when it failed to instruct the jury, sua sponte, that (1) â€

Description	A jury convicted defendant of second degree murder (Pen. Code, SS 187, 189) and found true firearm use allegations (SS 12022.5, subd. (a), 12022.53, subd. (d)). Defendant was sentenced to state prison for 40 years to life, consisting of 15 years to life for the murder and 25 years to life for the section 12022.53, subdivision (d) firearm use. On appeal, defendant contends the trial court erred when it failed to instruct the jury, sua sponte, that (1) "voluntary manslaughter includes cases in which express malice is found not to be present due to intoxication and implied malice is found not to be present for another reason," and (2) involuntary manslaughter may be committed on the theory of voluntary intoxication. Court reject both contentions.
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