P. v. Luna CA3
A jury declined to find defendant Eusebio Rafael Luna guilty of first degree murder as charged, but instead found him guilty of murder in the second degree. On appeal, he challenges the trial court’s refusal to instruct the jury on involuntary manslaughter based on his professed unconsciousness from voluntary intoxication. We agree the failure to instruct was error, but hold the error harmless.
Defendant also challenges the trial court’s refusal to allow impeachment of a prosecution expert coroner with her apparent mistake in a 2006 postmortem examination. We find no error in this decision by the trial court, and affirm the judgment.
Comments on P. v. Luna CA3