People v. Wade

Opinion

SIMS, J.

Defendant Toby Titus Wade appeals from a judgment of conviction for second degree murder (Pen. Code, § 187), 1 with a finding of personal use of a deadly weapon (knife) in the commission of a felony (§ 12022, subd. (b)). Defendant contends (1) the trial court erroneously failed to instruct sua sponte on lesser included offenses, (2) other jury instructions were improperly given or omitted, and (3) the trial court improperly refused to disclose the jurors’ addresses and phone numbers to the defense after the verdict. In an unpublished portion of this opinion we reject various…