People v. Diaz CA1/2

Filed 7/16/15 P. v. Diaz CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

A133056

v. HAMILTON DIAZ, (San Francisco City and County Super. Ct. No. 205603) Defendant and Appellant.

Appellant Hamilton Diaz was convicted, following a jury trial, of one count of voluntary manslaughter, with personal use of a deadly weapon (an automobile), and one count of failing to stop a vehicle involved in an accident resulting in death. On appeal, he contends the trial court (1) improperly refused to instruct the jury on involuntary manslaughter, and (2) abused its discretion when it imposed an aggravated sentence on his involuntary manslaughter conviction without recognizing the presence of significant mitigation. We…