The then-standard jury instruction, CALJIC 8.40, stating that voluntary manslaughter requires proof of an intent to kill, was given in this first-degree murder trial which was concluded almost a year before the California Supreme Court decided People v. Lasko (2000) 23 Cal.4th 101. Without reaching the retroactivity issue, the Court of Appeal found Lasko should be applied to all cases not yet final.
Case Summaries