People v. Parker CA2/5

INTRODUCTION

Defendant and appellant Melvin Parker (defendant) was convicted of second degree murder (Pen. Code, § 187, subd. (a) 1). On appeal, he contends that there is not substantial evidence to support the jury’s finding of malice; his trial counsel provided ineffective assistance of counsel; the trial court violated his constitutional right of self- representation when it denied his Faretta2 motion; and the trial court erred in instructing the jury on the issue of causation, and by not instructing, sua sponte, on the lesser included offenses of voluntary and involuntary manslaughter. The Attorney General contends that defendant is not entitled to the 85 days of conduct credit awarded to him by the trial court. We order that the abstract of judgment3 be amended to provide that defendant is not entitled to 85 days of conduct credit, and we otherwise affirm the judgment.

BACKGROUND

A. Factual Background

1. Prosecution Evidence On July 29, 2011, defendant had a physical altercation with Kevivon Brown in San Julian Park on Fifth Street in Los Angeles. Defendant and Brown eventually left the park, and defendant appeared to be upset.

1 All statutory citations are to…