P. v. Hawkins
George Hawkins appeals the judgment following his conviction for second degree murder (Pen. Code, 187),[1] and assault with a firearm ( 245, subd. (a)(2)). The jury found a true allegation that he personally used a firearm in the murder ( 12022.53, subd. (b)), and in the assault ( 12022.5, subd. (a)). The trial court found true allegations that Hawkins had served four prior prison terms. ( 667.5, subd. (b).) Hawkins contends that the trial court erred by failing to instruct the jury, sua sponte, on accident or misfortune as a defense to the murder charge, and on assault ( 240) and exhibiting a firearm ( 417, subd. (a)(2)) as lesser included offenses of the assault with a firearm charge. Court affirm.
Comments on P. v. Hawkins