People v. Oropeza
California Court of Appeal
59 Cal. Rptr. 3d 653 (2007)
- Written by Rose VanHofwegen, JD
Facts
Jorge Oropeza (defendant) and Jose Lopez were driving up the interstate on the way back from a night in Tijuana. Lopez was driving because Oropeza was drunk. When a pickup truck allegedly cut them off, road rage ensued. The other driver drove away, but with Oropeza’s encouragement, Lopez sped up, caught up with the pickup, and drove alongside it. Yelling and offensive hand gestures followed as the vehicles drove side by side a lane apart. Oropeza stuck his arm out the window and fired a handgun into the pickup cab, killing a passenger. Oropeza was charged with first-degree murder and requested a voluntary-manslaughter instruction about a sudden quarrel or the heat of passion qualifying for a reduction of murder to manslaughter. The jury convicted. Oropeza appealed, arguing the trial judge should have given the voluntary-manslaughter instruction.
Rule of Law
Issue
Holding and Reasoning (Benke, J.)
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