P. v. Jones CA3
Olabaku Norman Jones beat his girlfriend Mary Abigail Tucker, who died two days later “due to cranial cerebral injury.” A jury found Jones guilty of second degree murder, a lesser included offense of the charged first degree murder. In a bifurcated proceeding, the jury found true allegations Jones had one prior serious felony conviction (Pen. Code § 667, subd. (a)(1)), one prior strike conviction (§§ 667, subd. (d); 1170.12, subds. (b)-(i)), and four prison priors (§ 667.5, subd. (b)).
Sentenced to 38 years to life in state prison, Jones appeals, contending the trial court prejudicially erred in refusing to instruct the jury on involuntary manslaughter as a lesser included offense of murder. We shall conclude that there was no substantial evidence to support such an instruction and affirm the judgment.
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