People v. Ugarte CA1/5

Filed 8/27/24 P. v. Ugarte CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A167452 v. ELMER UGARTE, (Alameda County Defendant and Appellant. Super. Ct. No. 21CR008570)

Elmer Ugarte appeals his jury conviction for second degree murder of his wife, Maria Hernandez. (Pen. Code, § 187, subd. (a).)1 He argues the trial court prejudicially erred by failing to instruct the jury on the lesser included offense of involuntary manslaughter based on unconsciousness from voluntary intoxication. We find no error. We, however, agree with the parties that the abstract of judgment should be corrected to accurately reflect the second charge of…