P. v. Garcia
A jury convicted appellant of one count of second degree murder in violation of Penal Code section 187, subdivision (a). The jury found true the allegation that appellant personally and intentionally discharged a firearm, causing death within the meaning of section 12022.53, subdivision (d). The trial court sentenced appellant to 40 years to life in prison, consisting of 15 years for the murder and 25 years for the firearm-use enhancement.
Appellant appeals on the ground that he was deprived of his constitutional right to effective assistance of counsel when counsel failed to request instructions advising the jury that evidence of the victim's antecedent acts of violence was justification for appellant to react more quickly and harshly.
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