People v. Luna

Defendant was convicted, after jury trial, of second-degree murder, and sentenced to 20 years imprisonment. Defendant waved a knife toward victim, and knife punctured victim's chest and killed him. Evidence which showed that Defendant intended to swing the knife in victim's direction is all that is required to preclude an involuntary manslaughter instruction, and whether Defendant had additional subjective intent to kill or scare victim away is irrelevant. Although court erred in considering victim's death as an aggravating factor, as it was also element of offense, remand unnecessary, as this would not necessarily have led court to impose a harsher sentence than would otherwise have been imposed. Although court erred in not asking jurors whether they understood and accepted principle that Defendant need not testify and that not testifying cannot be held against him, Defendant failed to show resulting bias or prejudice. (KARNEZIS and HARRIS, concurring.)