People v. Viramontes

Defendant was convicted, after jury trial, of first degree murder, after he brutally beat his wife upon learning that she had been having an affair with a former co-worker. Court properly refused second-degree murder instruction, as he did not find wife engaged in the act of adultery, but learned of it from viewing sexually explicit text messages and photos exchanged with her lover. Provocation by mutual combat did not occur, as Defendant's actions during fight was out of proportion to the provocation, and Defendant initiated the fight. Court properly refused involuntary manslaughter instruction, as given Defendant's much greater size and strength, and nature of victim's injuries, Defendant did not act recklessly. (LAVIN and MASON, concurring.)