P. v. Rodriguez CA2/2
Luciano Rodriguez (defendant) was convicted by jury of one count of voluntary manslaughter (Pen. Code, § 192), a lesser included offense of the charged crime of murder. The jury found true the allegation that defendant used a deadly weapon, a knife, in the commission of the crime. (§ 12022, subd. (b)(1).) The trial court sentenced defendant to the low term of three years for the manslaughter conviction plus a one-year enhancement term for the deadly weapon allegation.Defendant appeals from the judgment of conviction, contending the trial court erred prejudicially in denying his request for an instruction on involuntary manslaughter and abused its discretion in allowing the prosecution to call as a rebuttal witness an expert who should have been called in the case-in-chief.
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