(DOWNLOAD) "People V. Owen" by Fifth Appellate District Court of Appeal of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Owen
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Roger Connelly Owen appeals from the judgment on a jury verdict convicting him of involuntary manslaughter (Pen. Code, § 192, subd. (b)),*fn1 a lesser included offense of murder, for the shooting death of Danny Yoakum. The court denied probation and sentenced him to the mitigated term of two years plus two years for the gun use (§ 12022.5, subd. (a)), and imposed a $10,000 fine. Defendant raises two novel issues: (1) did the court have a sua sponte duty to instruct on the presumption contained in section 198.5 that defendant had a reasonable fear of death or great bodily injury, and (2) was defense counsel incompetent for failing to request such an instruction? We conclude the jury was instructed adequately on the principle embodied in section 198.5 by the other instructions given; thus, there was no sua sponte duty to instruct nor was counsel incompetent for failing to request such an instruction.
 "People V. Owen" by Fifth Appellate District Court of Appeal of California # Book PDF Kindle ePub Free){kind=link}