P. v. Fox
A jury found defendant guilty of the first degree special circumstance murder, while lying in wait, of Henry James Sevey, Jr. (James), and of the second degree murder of Tedi Petrelli (Tedi) and found true the allegations that his personal and intentional discharge of a firearm caused both deaths. (Pen. Code, SS 187, subd. (a), 190.2, subd. (a)(15), 12022.53, subd. (d).) The court imposed, on the first degree special circumstance murder, a life without possibility of parole term consecutive to a 25 to life term on the firearm enhancement and, on the second degree murder, a consecutive 15 to life term consecutive to a 25 to life term on the firearm enhancement. On appeal, appellant raises two issues. First, he argues that the court violated his due process and fair trial rights by not instructing the jury that, even if he did not lose consciousness, voluntary intoxication could lower his criminal liability to involuntary manslaughter if he had neither malice nor intent to kill. Second, he argues that his attorney rendered ineffective assistance of counsel by not objecting to the defense psychologist's rebuttal testimony for the prosecution on the ground of attorney client privilege. Court affirm the judgment.
Comments on P. v. Fox