P. v. Mahoney
Defendant Gene Mahoney was charged with one count of first degree murder, with associated firearm enhancements. (Pen. Code, 187, subd. (a), 12022.53, subds. (b), (c) & (d), 12022.5, subd. (a).)[1] He was acquitted of that charge, and of the lesser included offense of second degree murder. He was convicted of the lesser included offense of voluntary manslaughter, a violation of section 192, subdivision (a). The firearm allegations were found to be true. Defendant was sentenced to 10 years in prison.
Defendant appeals, contending the prosecutor committed prejudicial misconduct by misstating the law concerning the lesser included offense of involuntary manslaughter during his closing argument. The judgment is affirmed.
Comments on P. v. Mahoney