P. v. Tenorio CA5
Appellant/defendant Raymond Tenorio was charged with first degree murder for beating Kirk Haag to death. Haag was a roommate in a residence with defendant and his family. The beating occurred after defendant confronted Haag about accusations that Haag had touched defendant’s young daughter, and Haag allegedly said that he had done so.
Defendant was convicted of the lesser included offense of voluntary manslaughter based on heat of passion. He was sentenced to the second strike term of 17 years in prison.
On appeal, defendant contends the court should have granted his motion to have the jury instructed on an excusable homicide committed by accident and misfortune, in the heat of passion and upon sufficient provocation, as provided in the second paragraph of Penal Code section 195. Defendant argues the court’s refusal to so instruct the jury was prejudicial because he testified that he did not intend to beat the victim, and the jury’s verdict for voluntary manslaughter sho
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