People v. Van Ronk

In this appeal we consider whether attempted voluntary manslaughter is such a logical and legal absurdity that it cannot exist as a crime. We conclude that it is not an absurdity and consequently reaffirm that it constitutes a crime in California.

Defendant Joseph Edward Van Ronk was convicted by a jury of attempted voluntary manslaughter (Pen. Code, §§ 192, subd. 1/664), a lesser included offense within the charge of attempted murder (Pen. Code, §§ 187/664). The jury further found that defendant personally used a firearm in the commission of the offense (Pen. Code, § 12022.5), and that he intentionally inflicted great bodily injury upon the victim (Pen. Code, § 12022.7). Defendant was sentenced to a total unstayed prison term of six years. In the published portion of this opinion we review and refute defendant’s contention that attempted voluntary manslaughter is a contradiction in terms and cannot logically constitute a crime. In the unpublished portion we consider and reject defendant’s remaining contentions.

Facts

On the night of November 3, 1983, James Gravelle stayed overnight with his sister, Ruth. Defendant telephoned him there and asked whether he could obtain…