P. v. Medrano CA2/3
A jury found defendant and appellant Anthony James Medrano guilty of first degree murder, willful, deliberate, and premeditated attempted murder, aggravated mayhem, and simple mayhem, after he attacked two older men in a North Hollywood park, killing one and badly injuring the other. Medrano contends: (1) the trial court prejudicially erred by failing to instruct the jury on heat of passion voluntary manslaughter; (2) his conviction for simple mayhem must be reversed because it is a lesser included offense of aggravated mayhem; (3) the abstract of judgment must be modified to accurately reflect the jury’s verdict; and (4) he is entitled to one additional day of custody credit. Medrano’s second and fourth contentions have merit; his first does not. Accordingly, we order the simple mayhem conviction reversed, which moots Medrano’s third contention. We otherwise affirm the judgment.
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