Wade

Defendant Toby Titus Wade appeals from a judgment of conviction for second degree murder (Pen. Code, § 187), with a finding of personal use of a deadly weapon (knife) in the commission of a felony (§ 12022, subd. (b)). Defendant contends (1) the trial court erroneously failed to instruct sua sponte on lesser included offenses, (2) other jury instructions were improperly given or omitted, and (3) the trial court improperly refused to disclose the jurors’ addresses and phone numbers to the defense after the verdict. In an unpublished portion of this opinion we reject various claims of instructional error. We also reject defendant’s contention that the trial court improperly refused to disclose jurors’ addresses and phone numbers. In this published portion, we conclude the trial court did not err in giving certain standard CALJIC instructions. We shall therefore affirm the judgment.

Factual and Procedural Background

Discussion

I.-IV.

V. Instructions Did Not Alter Burden of Proof (CAUIC Nos. 1.00, 2.01, 2.21.2, 2.27, and 2.51)

Defendant contends various standard CALJIC instructions, individually and together, lightened the prosecution’s burden of proving guilt beyond a…