P. v. Rivas
Heriberto Rivas appeals from the judgment of conviction entered after a jury found him guilty of first degree murder (Pen. Code,[1] § 187, subd. (a)), and found true the allegation he personally used a deadly and dangerous weapon within the meaning of section 12022, subdivision (b). After the jury returned its verdict, Rivas admitted he served a prior prison term within the meaning of section 667.5, subdivision (b), and also admitted he suffered a prior serious felony conviction within the meaning of section 667, subdivision (a)(1). The court sentenced Rivas to state prison for six years plus 25 years to life.
Rivas appeals, contending the court prejudicially erred in failing to instruct the jury sua sponte on the lesser included offense of voluntary manslaughter based on heat of passion. We disagree and affirm the judgment.
Comments on P. v. Rivas