PEOPLE v. RIOS

No. S055790.

97 Cal.Rptr.2d 512 (2000)

23 Cal.4th 450

2 P.3d 1066

The PEOPLE, Plaintiff and Respondent, v. Ricardo Ramirez RIOS, Defendant and Appellant.

Supreme Court of California.

June 29, 2000.


Attorney(s) appearing for the Case

Jeffrey J. Stuetz, under appointment by the Supreme Court, and Waldemar D. Halka, San Diego, for Defendant and Appellant,

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Raquel M. Gonzalez, Holly D. Wilkens, Keith I. Motley, William M. Wood and Sara Gros-Cloren, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

On retrial after a prior acquittal of murder, defendant was convicted of voluntary manslaughter for a homicide the jury found to be both unlawful (i.e., neither justified nor excused) and intentional. Defendant asserts, among other things, that the voluntary manslaughter instructions were prejudicially incomplete because they omitted the voluntary manslaughter "elements" that the killing must have occurred in a heat of passion upon sufficient provocation...

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