People v. Villa CA1/2

Filed 1/7/15 P. v. Villa CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A137247

v. LUIS ADOLFO VILLA, (San Mateo County Super. Ct. No. SC71801A) Defendant and Appellant.

Appellant Luis Adolfo Villa was convicted, following a jury trial, of second degree murder. On appeal, he contends (1) the trial court erred in failing to instruct the jury sua sponte on voluntary manslaughter based on heat of passion or, in the alternative, defense counsel’s failure to request such an instruction constituted ineffective assistance of counsel; (2) counsel was ineffective for failing to object on hearsay and confrontation clause grounds to admission into evidence of two packing slips showing knife purchases by appellant;…