P.

INTRODUCTION

Defendant and appellant Edwin Morales (defendant) was convicted of second degree murder. (Pen. Code, §§ 187, subd. (a)1). On appeal, defendant contends that the trial court erred in responding to a question posed by the jury because it did not do so adequately, and the abstract of judgment should be corrected to reflect the custody credits awarded him by the trial court. We order that the abstract of judgment be corrected to state that defendant is awarded 1,409 days of custody credit consisting of 1,409 days of actual custody credit. We otherwise affirm the judgment.

BACKGROUND

A. Factual Background Defendant hit Jorge Veliz with a bottle twice and stabbed and killed Veliz. Prior to being stabbed, Veliz drank alcohol with defendant‟s mother, made comments about defendant‟s mother that defendant deemed to be disrespectful, refused defendant‟s repeated requests that he leave the premises, attempted to take defendant‟s mother out on a date, and pushed and hit defendant. Defendant submitted evidence that he was frightened and suffered from schizophrenia, was under medication for schizophrenia, and was not medicated at the time Veliz was killed.

B. Procedural…