236 Cal. App. 4th 598
Cal. Ct. App.2015Background
- Defendant Annamaria Magno Gana was convicted of first degree murder of her husband and willful, deliberate, and premeditated attempted murders of two sons.
- The jury found the murder occurred lying in wait and that she personally discharged a firearm in the murder and one attempted murder.
- The trial court reduced count 1 to second degree murder and struck the lying-in-wait finding; imposed 40 years to life for murder with concurrent terms for the attempted murders.
- Defendant presented evidence of medical/mental health conditions, including cancer treatment, chemotherapy, Ambien, and depression; she claimed psychotic symptoms at the time of the shootings.
- The defense sought instructions on involuntary manslaughter and unconsciousness; the court refused those instructions.
- The defense also sought to introduce testimony from a treating physician (Dr. Khaled) regarding medical condition; the court excluded the testimony and the defense argued ineffective assistance as a result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not instructing on involuntary manslaughter | Gana argues evidence supports misdemeanor-brandishing theory for involuntary manslaughter | Gana contends evidence supports brandishing-based involuntary manslaughter and that the court erred by not instructing unconsciousness | No reversible error; no substantial evidence of brandishing-based involuntary manslaughter |
| Whether CALJIC No. 3.32 adequately conveyed use of mental-state evidence | Gana claims instruction failed to clarify malice/mental state impact | Gana contends instruction was deficient in linking mental disease to malice | No error; instruction sufficient when read with other instructions |
| Whether unconsciousness instructions should have been given | Evidence supported unconsciousness due to medical condition/medications | Unconsciousness should have been given as a complete defense or to reduce to involuntary manslaughter | Harmless error for unconsciousness as to the verdict; majority: harmless; concurrence would reverse |
| Exclusion of treating physician Khaled’s testimony | Khaled would testify about defendant’s medical condition and treatment affecting mental state | Khaled was a percipient witness; exclusion prejudicial | No reversible error; defense prejudice not shown; other evidence sufficed |
| Ineffective assistance of counsel | Counsel failed to properly pursue involuntary manslaughter and misstatement objections | Counsel acted reasonably; no prejudice shown | Claims rejected; no ineffective assistance demonstrated |
Key Cases Cited
- People v. Barton, 12 Cal.4th 186 (1995) (lesser included offenses when evidence supports them)
- People v. Breverman, 19 Cal.4th 142 (1998) (standard for instructing on lesser included offenses)
- People v. BundLE, 43 Cal.4th 76 (2008) (mental-state instructions and use of generic 'mental state' concept)
- People v. Maury, 30 Cal.4th 342 (2003) (harmless error when other evidence mitigates offense)
- People v. Ochoa, 19 Cal.4th 353 (1998) (unconsciousness as a defense in homicide cases)
- People v. Halvorsen, 42 Cal.4th 379 (2007) (unconsciousness and medical condition evidence in trials)
- People v. Hajek and Vo, 58 Cal.4th 1144 (2014) (instructional accuracy and mental state concepts)