Turk
People v. Turk
Opinion
Opinion
Aaron, J.
I.
INTRODUCTION
A jury found Shaun Thomas Turk not guilty of first degree murder, and guilty of second degree murder (Pen. Code, § 187, subd. (a)). The jury further found that in the commission of the offense, Turk personally used a deadly and dangerous weapon, i.e., a knife, within the meaning of section 12022, subdivision (b)(1). The trial court sentenced Turk to a total term of 16 years to life in prison, including a sentence of 15 years to life on the second degree murder conviction and an additional one-year term for the section 12022, subdivision (b)(1) enhancement.
On appeal, Turk claims that the trial court erred in failing to instruct the jury sua sponte regarding involuntary manslaughter stemming from voluntary intoxication, instructing the jury pursuant to CALCRIM No. 625 regarding voluntary intoxication, failing to instruct the jury regarding voluntary manslaughter based on imperfect and perfect self-defense, precluding defense counsel from asking a witness why the witness did not believe that Turk had stabbed the victim, and in admitting hearsay testimony regarding inculpatory statements that Turk made shortly after the killing.