SAN FRANCISCO -- The Alameda County District Attorney's Office will decide whether to retry a 23-year-old man whose attempted murder conviction for a San Leandro house party shooting has been overturned by a state appeals court.

The First District Court of Appeal ruled Wednesday that jurors should have been instructed to consider whether former San Lorenzo resident Jeremy Millbrook was acting in the heat of passion when he shot 20-year-old Sione Manoa in December 2009 after Manoa got into an argument with Millbrook's girlfriend. Manoa's injuries put him in a coma for about a week.

Millbrook was sentenced to 35 years to life in prison last year. The appeals court opinion calls for Millbrook to be resentenced to a lighter term for an attempted manslaughter conviction, or to be retried on attempted murder charges.

Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.



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