P. v. Hatch CA1/3
Defendant Demara Hatch was charged with first degree murder in the shooting death of Jay Hansen during an altercation among friends. A jury convicted defendant of voluntary manslaughter with personal use of a firearm and possession of a firearm by a felon. (Pen. Code, §§ 192, subd. (a), 12022.5, subd. (a), 29800, subd (a)(1).) The court sentenced him to 22 years in prison.
Defendant contends the trial court erred in instructing the jury on involuntary manslaughter and in responding to a jury request for clarification on the element of malice. Defendant also seeks correction of the court’s award of presentence custody and conduct credits (§§ 2900.5, subd. (a), 2933.1) and requests remand to allow the trial court to exercise discretion conferred by a recent statutory amendment to strike the firearm enhancement (§ 12022.5). We shall affirm the judgment with a modification of custody and conduct credits and remand for resentencing.
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