P. v. Fisher
Defendant Ajani Salim Fisher was charged by information with one count of murder (Pen. Code, § 187, subd. (a)),[1] with special allegations that his victim was over 60 years old (§ 1203.09, subd. (f)). The jury acquitted defendant of murder, but convicted him of the lesser included offense of voluntary manslaughter (§ 192, subd. (a)) and found the special allegation to be true. At sentencing, the trial court denied probation and sentenced defendant to the high term of 11 years in state prison. On appeal, defendant contends the trial court abused its discretion when it imposed the high term, reasoning that mitigating factors outweighed the factors in aggravation. He also contends the error amounts to a violation of his federal due process rights. Respondent maintains any error was waived when defendant failed to object at the sentencing hearing. We do not find waiver, but we conclude the trial court did not abuse its discretion. We also reject defendant’s attempt to cast his claim of sentencing error as a federal due process claim.
Comments on P. v. Fisher