People v. Brito

Opinion

WORK, J.

—Michael Brito appeals a judgment of convictions of robbery (Pen. Code, 2 § 211), attempted murder, with a finding of premeditation and deliberation (§§ 664,187, subd. (a)), and assault with a firearm (§ 245, subd. (a)(2)). He asserts the court erred by (1) failing to instruct on attempted involuntary manslaughter as a lesser included offense; (2) refusing to instruct on attempted voluntary manslaughter; (3) failing to give CALJIC No. 8.73 instructing that provocation may show lack of deliberation and premeditation; and (4) failing to instruct on the lesser included offense of…