P. v. Furguiele CA2/2
In an information filed by the Los Angeles County District Attorney’s Office, defendant and appellant Jonathan Marcantho Furguiele was charged with murder (Pen. Code, § 187, subd. (a); count 1) and assault on a child causing death (§ 273ab, subd. (a); count 2). The jury found defendant guilty of both counts and determined count 1 to be second degree murder. Defendant was sentenced to 25 years to life in state prison on count 2. The sentence on count 1 (15 years to life) was imposed and stayed pursuant to section 654.
Defendant appeals, arguing that the trial court erred in failing to instruct the jury on accident (CALCRIM No. 3404).
We affirm.
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