People v. Thomas CA2/4
Opinion
Opinion
INTRODUCTION
In September 2020, Leroy Anthony Thomas cut his wife’s throat. A jury found Thomas guilty of attempted murder and other offenses. We affirm. Thomas argues that the trial court improperly excluded certain evidence. We conclude the trial court did not exceed its discretion under Evidence Code section 352 in excluding that evidence. The evidence Thomas points to was cumulative of other evidence introduced at trial and was more prejudicial than probative. Thomas also contends that the trial court should have instructed the jury on a heat-of-passion theory that would have allowed the jury to convict him of attempted voluntary manslaughter as a lesser included offense. We agree that a heat- of-passion instruction should have been given. But we find the failure to provide that instruction harmless beyond a reasonable doubt. The jury made findings that precluded any possibility that it could have found Thomas acted in the heat of passion. Finally, Thomas argues that the trial court erred by failing to instruct on an imperfect self-defense theory. We conclude that there was no error in failing to instruct on that theory.