People v. Crandall CA1/2

I. INTRODUCTION

After a several-week jury trial (the third such trial for appellant) on a charge of second degree murder, the jury advised the court that it was unable to reach a verdict on that charge. Over the objections of defense counsel, the court granted the prosecution‟s motion to dismiss that charge and amend the information to charge appellant with one count of voluntary manslaughter. The jury found appellant guilty of that charge; he appeals, claiming both instructional error and ineffective assistance of counsel. We reject appellant‟s arguments and affirm his conviction for voluntary manslaughter.

II. FACTUAL AND PROCEDURAL BACKGROUND

On July 27, 2006, the building manager of an apartment building on Polk Street in San Francisco was accompanying a pest control worker, who was working in the various apartments in that building. When the two of them entered apartment No. 204, an apartment leased to Guy West, they noticed “a very strong odor” in the apartment, and promptly found the body of West, covered in blankets on a bed in a walk-in closet in the

1 apartment. The building manager summoned the police, who were advised by neighbors in the building that appellant had…