KANAWYER

Defendant Ryan Peter Kanawyer went to the home of his grandparents with a sawed-off shotgun, broke in, and shot them at close range, killing them. A jury convicted him of two counts of first degree murder (Pen. Code, § 187, subd. (a); counts 1 & 2) and one count of residential burglary (Pen. Code, § 459; count 3). On each murder count, the jury also found true two special circumstances for imposition of a life sentence without parole: defendant (1) committed multiple murders, and (2) committed murder while engaged in a burglary. (§ 190.2, subds. (a)(3), (a)(17)(G).) The jury further found that defendant personally used a firearm in committing each murder. (§ 12022.53, subd. (d).) Defendant was sentenced to two consecutive terms of life imprisonment without the possibility of parole for the murders, plus consecutive terms of 25 years to life for the firearm enhancements. The burglary term was stayed pursuant to section 654.

Defendant contends on appeal the trial court erred in refusing to give his requested jury instruction on voluntary manslaughter in a heat of passion (§ 192, subd. (a); CALJIC Nos. 8.40, 8.50). The defense heat-of-passion theory was that defendant had…