White

Defendant, Daniel James White, appeals from a judgment and sentence imposed following his conviction by a jury of two counts of voluntary manslaughter, in violation of section 192, subdivision 1, of the Penal Code; also, he was found to have been armed with and used a firearm in the commission of both offenses, in violation of sections 12022, subdivision (a), and 12022.5.

On November 10, 1978, defendant resigned from his position as a supervisor for the City and County of San Francisco. Several days later, he asked to be reinstated. Mayor George Moscone was responsible for filling the vacancies on the board. Initially, he assured defendant he would be reappointed. Later, the mayor wrote defendant, informing him that he had made no commitment of any kind to reappoint him. Supervisor Harvey Milk opposed defendant’s reappointment.

The mayor scheduled a press conference on Monday, November 27, at 11:30 a.m., to announce the new supervisor. On Sunday, November 26, sometime between 10 and 11 p.m., a reporter telephoned defendant and informed him that he was not going to be reinstated. At approximately 10 a.m. on the following morning, defendant telephoned his aide and asked…