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PEOPLE v. BRYANT

No. S196365.

56 Cal.4th 959 (2013)

157 Cal. Rptr. 3d 522

301 P.3d 1136

THE PEOPLE, Plaintiff and Respondent, v. AMALIA CATHERINE BRYANT, Defendant and Appellant.

Supreme Court of California.

June 3, 2013.

Attorney(s) appearing for the Case

Anthony J. Dain , under appointment by the Supreme Court, and Eric R. Larson for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons and Julie L. Garland , Assistant Attorneys General, James H. Flaherty III , Steven T. Oetting , Kristen Kinnaird Chenelia and Lynne McGinnis , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LIU, J. —

During an altercation in an apartment they shared, defendant Amalia Catherine Bryant stabbed her boyfriend once in the chest, killing him. The jury convicted her of second degree murder. On appeal, the Court of Appeal reversed the murder conviction, concluding that the trial court erred by failing to sua sponte instruct the jury on voluntary manslaughter as a lesser included offense of murder on the theory that defendant...

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