Shannon

Appellant Brian Dennis Shannon was convicted by jury of second degree murder by use of a firearm (Pen. Code, §§ 187, subd. (a); 12022.5, former subd. (a)). He seeks reversal based upon alleged error in the standard form instruction for voluntary manslaughter, CALJIC No. 8.40. He also claims the jury’s verdict was the product of undue influence because of juror misconduct and ribbons worn by spectators in the courtroom. We affirm.

I. Facts

On the morning of October 17, 1993, at 8:06 a.m., appellant made a 911 call from his residence at 701 Palma in El Granada. A tape of the call was played for the jury. Appellant requested an ambulance. Upon prompting by the dispatcher, appellant stated that his girlfriend had been shot. When asked if she had shot herself, appellant replied, “No, I think I shot her actually . . . the whole damn thing was an accident. . . she was just sitting there and I . . . she is gurgling and it’s driving me crazy!”

When emergency personnel arrived, they found the victim, 24-year-old Kimberly Stack, appellant’s girlfriend, lying on the living room floor. She suffered a single gunshot wound to the left temple. She was nude from the waist up and had…