(Super. Ct. No. 09F05496)
The opinion of the court was delivered by: Robie , Acting P. J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
A jury found defendant Demario Richard Wiggins guilty of the second degree murder of his girlfriend and unlawful possession of a firearm. It also found he personally used and discharged a gun to inflict the fatal injury.
On appeal, defendant contends the trial court erred in failing to instruct sua sponte on the lesser included offense of sudden quarrel/heat of passion voluntary manslaughter. We affirm.
Defendant and his girlfriend, Tersha Brown, shared an apartment on Garden Highway. They argued frequently.
In the late afternoon of the shooting, the couple's downstairs neighbor heard a moaning upstairs; a few minutes later, he saw defendant run down the stairs. Defendant returned minutes later with the apartment manager, and the neighbor joined them upstairs. Tersha was on the floor, a gun was near her feet, and the manager was on the phone with a 911 operator.
Tersha died of a gunshot wound to the head; she had been shot behind the right ear.
In a dumpster between defendant's apartment and the manager's office, police found a GAP bag pierced by a bullet hole that contained cash, a spent bullet casing, an empty gun magazine, and marijuana.
Forensic tests established that the spent casing in the GAP bag was expended from the gun in defendant's apartment, and that the same gun ...