People v. Pena

Opinion

SPENCER, P. J.

Introduction

Defendant Richard Pena (Pena) appeals from a judgment of conviction and petitions for a writ of habeas corpus on the same judgment. Defendant was originally charged by information with murder in violation of section 187 of the Penal Code and with use of a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1).

Following a jury trial, defendant was convicted of voluntary manslaughter in violation of Penal Code section 192, subd. 1; the jury also found true the allegation defendant had personally used a firearm within the…