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Appeals court upholds Rincon man's murder convictions
By: North County Times | ∞
SAN DIEGO -- A state appeals court on Friday upheld a Rincon man's second-degree murder convictions for the shooting death of his pregnant girlfriend and her unborn child.
Andree Francis Calac, 28 at the time, was sentenced in November 2006 to 80 years to life in state prison for the Feb. 15, 2004, shooting of Marlene Magee, 22, and the unborn baby girl, who family members said Magee planned to name Meadow Rain.
Calac testified at his trial that the deadly shotgun blast was an accident.
On appeal, Calac argued that Superior Court Judge Runston G. Maino erred when he declined to provide jurors a legal instruction about voluntary manslaughter as a possible verdict. The appeals court rejected that argument.
Maino had no duty to give that instruction because there was no evidence for the jury to consider that showed provocation to cause an average person in Calac's position to kill in the heat of passion, the appeals court ruled.
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