People v. Patterson CA2/5

INTRODUCTION

Defendant and appellant Willina Patterson (defendant) was convicted of second degree murder (Pen. Code, § 187, subd. (a)1) in connection with her allegedly handing a knife to a codefendant who then stabbed a victim to death during an altercation. Defendant argues that the trial court erred in not sua sponte instructing the jury on voluntary manslaughter on a heat of passion theory; in not sua sponte instructing the jury as to involuntary manslaughter; by instructing the jury with CALCRIM No. 403 because giving an instruction on the natural and probable consequence doctrine without providing manslaughter instructions was confusing and reduced the prosecution’s burden of proof; and on imposing consecutive sentences for the charged crime in a pending unrelated matter. We affirm.

BACKGROUND

A. Factual Background

1. Prosecution Evidence San Julian Park (Park) is located at the corner of Fifth and San Julian Streets. The Union Rescue Mission (Mission) is located near the Park, on San Julian Street, between Fifth and Sixth Streets.

a) Laquinta Stewart Testimony Stewart testified as follows. Defendant and Melvin Parker (Parker) were in a dating relationship.…