P. v. Reynolds CA4/3
A month after her 71st birthday, appellant shot and killed her mother, Gretchen DeStefano, who was 96 years old. Although appellant does not challenge the jury’s finding she murdered Gretchen in a deliberate and premeditated fashion, she contends the trial court erred in failing to instruct the jury sua sponte on heat of passion as a potentially mitigating circumstance for her actions. She also contends the court’s instructions on voluntary intoxication were flawed, and the judgment must be modified to reflect the court stayed sentence on one of the firearm enhancements. We agree the judgment must be modified to reflect the stay. In all other respects, we affirm.
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