P. v. Martinez
A jury convicted Jaime Martinez of attempted murder (Pen. Code, 187, subd. (a), 664; all further undesignated section references are to the Penal Code) and possession of a firearm by a felon ( 12021, subd. (a)(1)). The jury also found that he personally and intentionally discharged a firearm causing great bodily injury. ( 12022.53, subds. (a)(1), (d).) Martinez admitted having served a prior prison term. ( 667.5, subd. (b).) The trial court sentenced him to a total term of 40 years and 4 months to life.
Martinez appeals, contending that the trial court erred by denying his requested instruction on defense of another and by failing to instruct, sua sponte, on attempted voluntary manslaughter based both on unreasonable defense of another and on sudden quarrel or heat of passion. Court find no error and affirm.
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