P. v. Pimental
Appellant challenges his attempted murder and aggravated assault convictions on the grounds the trial court erroneously refused his request for instruction upon attempted voluntary manslaughter as a lesser included offense and his trial attorney rendered ineffective assistance. Court conclude the court was not required to instruct upon attempted voluntary manslaughter because the evidence did not support a heat of passion theory. Although defense counsel should have objected to certain portions of the gang experts testimony, appellant failed to establish prejudice.
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