P. v. Banda
Defendant appeals from the judgment imposed after a jury convicted him of first degree murder (Pen. Code, S 187; undesignated section references are to that code) and found that he personally and intentionally discharged a firearm, causing death (S 12022.53, subds. (b)-(d)), and the court found he had suffered two prior strike convictions (SS 667, subds. (b)-(i), 1170.12), a prior serious felony conviction (S 667, subd. (a)(1)), and a prior prison term (S 667.5(b)). Sentenced to a term of 105 years to life, appellant contends that it was error not to instruct the jury on the lesser included offense of voluntary manslaughter. Court disagree, and affirm the judgment.
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