In a second degree murder case, Court of Appeal’s judgment reversing defendant’s murder conviction based on its determination that the trial court’s jury instructional error was prejudicial is reversed and remanded where the evidentiary record supports the trial court’s determination that there was insufficient evidence to warrant instruction on a sudden quarrel/heat of passion theory of voluntary manslaughter.      

Read People v. Moye, No. S157980 

JudgesBefore: BAXTER, J., GEORGE, C.J., WERDEGAR, J., CHIN, J., MORENO, J., CORRIGAN, J., KENNARD, J.Opinion by Baxter, J.

CounselFor Plaintiff:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson, Kristofer Jorstad and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.  

For Defendant: Patricia A. Scott, under appointment by the Supreme Court.

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