Fay

Filed 4/29/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B328209

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA101587) v.

JOHN FAY,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County, Nicole C. Bershon, Judge. Reversed. Adrian Dresel-Velasquez, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Wyatt E. Bloomfield and Stefanie Yee, Deputy Attorneys General for Plaintiff and Respondent.

__________________________________________ Defendant John Fay hit Anthony Davis in the head numerous times. Davis died as a result of the combination of defendant’s blows and Davis’s intoxication. Defendant admitted that he intended to hurt Davis and inflict pain, but denied that he intended to kill Davis. A jury convicted defendant of second degree murder. (Pen. Code, § 187, subd. (a).) 1 During deliberations, the jury informed the court that it was…