State v. Hernandez

Victor M. Sandoval-Hernandez appeals his conviction and sentence for murder, arguing the trial court erred in refusing to charge the jury on the lesser included offense of voluntary manslaughter. We affirm.

FACTS

On January 28, 2006, Rogelio Garcia hosted an engagement party in honor of a neighbor’s son. Hernandez and his friends attended the party. After Hernandez tried to kiss a woman at the party, Garcia became angry and physically ejected Hernandez from his home, grabbing Hernandez by the neck and throwing him toward the porch.

Hernandez left the party and went home. He retrieved his gun,…