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Monday, May 29, 2017

State v. Fernando Carrero, Jr. (A-13-16;

 State v. Fernando Carrero, Jr. (A-13-16; 078071) 

The trial testimony presents a rational basis on which the jury could acquit defendant of murder but convict him of passion/provocation manslaughter. Although the passion/provocation charge is inconsistent with defendant’s theories of self-defense and accidental shooting, when the evidence supports such a charge, a defendant may be entitled to the requested instruction regardless of whether the charge is consistent with the defense.