California Court of Appeal

Sentence and conviction of second degree murder, Pen. Code section 187(a), and attempted murder, sections 187(a) and 664, are: 1) modified as to sentence to reflect defendant shall be entitled to a parole hearing after serving 25 years in prison, and the $200 probate investigation fee shall be stricken; and 2) affirmed in all other respects over defendant's claims a) that the trial court prejudicially erred in refusing to instruct the jury on the theories imperfect self-defense and justifiable homicide based on self-defense, b) the court committed due process violations by giving the instructions on a kill zone theory that was not supported by substantial evidence, c) his sentence of 84 years to life constitutes cruel and unusual punishment under the Eighth Amendment to the U.S. Constitution, and 4) he was denied effective assistance of counsel.

Appellate Information

• Published 2016/04/06

Judges

• REARDON

Court

• California Court of Appeal

Counsel