P. v. Aquino
Efrain Ruben Aquino killed a stranger, Louis Silva, following an argument in the parking lot of a bar. The prosecutor sought a verdict of first degree murder. The defense argued for voluntary manslaughter, based on heat of passion and provocation. The jury returned a verdict of second degree murder and personal use of a knife. Appellant was sentenced to prison for 16 years to life.
Appellant contends: (1) The trial court should have instructed sua sponte on the theory of an unreasonable belief in the need for self-defense. (2) His trial counsel rendered constitutionally ineffective assistance, by failing to request instructions on the effect of voluntary intoxication on actual formation of the requisite mental states for murder. (3) The trial court abused its discretion by refusing to find that this was an unusual case that warranted a grant of probation.
Court find no error, and affirm.
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