Chestra

I. INTRODUCTION

A jury convicted defendant, David Warren Chestra, of first degree murder in violation of Penal Code section 187, subdivision (a). 1 The jury further found defendant personally and intentionally discharged a firearm causing death. (§ 12022.53, subd. (d).) Defendant admitted four prior conviction allegations within the meaning of sections 667, subdivision (d) and 1170.12, subdivision (b) were true. Defendant was sentenced to 100 years to life in state prison. We modify the oral pronouncement of judgment to include a $300 parole revocation restitution fine. (§ 1202.45.) In the published portion of this opinion, we discuss why any error in failing to instruct on voluntary manslaughter was harmless. We affirm the judgment in all other respects.

II. THE EVIDENCE

Defendant was a self-described former gang member. Defendant testified that as a gang dropout, he was at risk of being killed. Viewed in the light most favorable to the verdict (see People v. Hubbard (2016) 63 Cal.4th 378, 392 [ 203 Cal.Rptr.3d 114 , 371 P.3d 578 ]; People v. Iniguez (1994) 7 Cal.4th 847, 854 [ 30 Cal.Rptr.2d 258 , 872 P.2d 1183 ]), the evidence established the following. On July 5,…