P. v. Moye 9/27/07 CA2/8

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B192331

Case Date: 01/16/2008

Preview:Filed 9/27/07 P. v. Moye CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

THE PEOPLE, Plaintiff and Respondent, v. ALEXANDER MOYE, Defendant and Appellant.

B192331 (Los Angeles County Super. Ct. No. KA074073)

APPEAL from a judgment of the Superior Court of Los Angeles County. Charles Horan, Judge. Reversed and remanded.

Patricia A. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant, Alexander Moye, appeals from his conviction of second degree murder. He contends he was denied due process as a result of the trial court's failure to instruct the jury on voluntary manslaughter as a lesser included offense. We find there was sufficient evidence in the record to justify giving the jury an instruction on voluntary manslaughter. This error may have affected the result of the case and we reverse the judgment. STATEMENT OF THE CASE In an information filed April 12, 2006, appellant and two co-defendants, Daniel Avendano and George Lopez, were charged with the murder of Mark Urrutia. (Count one, Pen. Code,

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