P. v. Furlan CA1/5
Marc Furlan appeals his jury conviction for second degree murder (Pen. Code, §§ 187, 189). Furlan argues the trial court improperly failed to instruct the jury he could be convicted of involuntary manslaughter on a theory that the killing was perpetrated without malice while committing assault with a deadly weapon (§ 245, subd. (a)(1)). Furlan also contends he is entitled to a limited remand, pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin), to make a record in anticipation of an eventual youth offender parole hearing. The People concede he is entitled to such a limited remand. We affirm the judgment and order a limited remand.
Comments on P. v. Furlan CA1/5