People v. Salguero CA2/5

INTRODUCTION

A jury convicted defendant and appellant Cynthia Salguero of second degree murder (Pen. Code, § 187, subd. (a)) and found true the allegation that a principal1 was armed with a handgun in the commission of the offense (Pen. Code, § 12022, subd. (a)(1)). The trial court sentenced defendant to 16 years to life in state prison. On appeal, defendant contends that the trial court erred in refusing to instruct the jury on voluntary manslaughter based on the theories of imperfect self-defense and imperfect defense of another, erred in refusing to instruct the jury on voluntary manslaughter based on the theory of heat of passion, abused its discretion in limiting defendant’s testimony about the victim’s abuse of defendant’s sister, and erred in failing to instruct the jury that the prosecution had to prove the absence of provocation as an element of murder. Defendant further contends that the cumulative effect of the errors requires reversal. We affirm.

BACKGROUND

Defendant lived at 623 East 83rd Street in Los Angeles. There was a second structure on the property and a garage that had been converted into a residence. Defendant lived in the front residence, and her half…