People v. Hicks

*345INTRODUCTION

Defendant and appellant Marvin Travon Hicks (defendant) was convicted of second degree murder (Pen.Code, § 288.7, subd. (a)1 ) in connection with a vehicular death. At his first trial, defendant was convicted of gross vehicular manslaughter while intoxicated, and the jury deadlocked on the charge of second degree murder. At the second trial for second degree murder, the trial court refused to advise the jury that defendant had been convicted of gross vehicular manslaughter, a lesser related offense, in his first trial. We hold in the published portion of this opinion that the…