P. v. Vasquez
After a jury acquitted Fernando Vasquez of first-degree murder and failed to reach a verdict on the charge of second-degree murder, Vasquez pled guilty to voluntary manslaughter (Pen. Code, 192 ) and personal use of a deadly weapon ( 12022, subd. (b)(1)). The court sentenced Vasquez to 12 years in state prison, consisting of the upper term of 11 years for voluntary manslaughter and a consecutive one year term for the personal use enhancement. Vasquez appealed, contending the trial court abused its discretion by sentencing him to the upper term for voluntary manslaughter. The sentence is vacated and the matter remanded to the trial court for resentencing consistent with this opinion. In all other respects, the judgment is affirmed.
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