People v. Barajas

Opinion

WISEMAN, J.

Defendant David Barajas appeals from Ms conviction of second degree murder. In the published part of tMs opinion, we hold that the court did not err in failing to give CALJIC No. 8.72 (reasonable doubt between murder and manslaughter) sua sponte when it gave a proper instruction in accordance with CALJIC No. 17.10 (conviction of lesser offense instead of greater). In the unpublished part, we address two additional jury instruction issues, defendant’s contention that the court erred in denying his motion for a new trial, and defendant’s contention that the attorney who…