PEOPLE v. GARCIA

No. B194011.

74 Cal.Rptr.3d 912 (2008)

162 Cal.App.4th 18

The PEOPLE, Plaintiff and Respondent, v. Victor GARCIA, Defendant and Appellant.

Court of Appeal of California, Second District, Division Seven.

April 21, 2008.


Attorney(s) appearing for the Case

Catherine White, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Victoria B. Wilson and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.


PERLUSS, P.J.

Victor Garcia struck Aristeo Gonzalez in the face with the butt of a shotgun, causing Gonzalez to fall, hit his head on the sidewalk and die. Could a jury find Garcia guilty of involuntary manslaughter, rather than second degree murder or voluntary manslaughter, based on Garcia's testimony he hit Gonzalez in an automatic response to Gonzalez's lunge at the shotgun and did not aim for Gonzalez's face and...

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