People v. Kobak CA1/3

Filed 10/29/21 P. v. Kobak 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, A159864 v. (Humboldt County DAVID ALAN KOBAK, Super. Ct. No. CR1703639)

Defendant and Appellant.

Defendant David Kobak shot a victim multiple times at close range after the two had been drinking in Kobak’s apartment, killing the victim. A jury convicted Kobak of second degree murder. On appeal, Kobak contends the trial court erred by refusing to instruct the jury that a person who commits a homicide while unconscious due to voluntary intoxication is guilty of involuntary manslaughter. He also argues the trial court…