P. v. Word CA2/5
A jury convicted defendant, Marcus Sean Word, of voluntary manslaughter, that is, an “unlawful killing . . . without malice,” “upon a sudden quarrel or heat of passion.” (Pen. Code, § 192, subd. (a).) The trial court sentenced defendant to the upper term of 11 years in state prison. We affirm the judgment.
Defendant asserts it was an abuse of discretion to impose the upper term sentence because there were no aggravating circumstances. Defendant, however, did not object to the trial court’s statement of reasons for imposing the upper term. As a result, he forfeited this argument. (People v. Boyce (2014) 59 Cal.4th 672, 730-731; People v. Scott (1994) 9 Cal.4th 331, 352-353.) “[C]omplaints about the manner in which the trial court exercises its sentencing discretion and articulates its supporting reasons cannot be raised for the first time on appeal.” (People v. Scott, supra, 9 Cal.4th at p. 356; accord, People v. Boyce, supra, 59 Cal.4th at p. 730.)
Comments on P. v. Word CA2/5