P. v. Flores
Defendant Saul Herrera Flores stabbed Jose Santoyo with a machete after they got into an argument regarding the parking location of Santoyos truck. Santoyo died, and defendant was convicted of first degree murder with the use of a deadly weapon. (Defendant was also convicted of being a felon in possession of a firearm and resisting an officer, but these convictions are not at issue here.) Court have consolidated his direct appeal with his petition for writ of habeas corpus. In his direct appeal, he claims the jury was not properly instructed regarding provocation and its application to second degree murder and the court did not adequately reply to the jurys question about the meaning of deliberately as it applied to first degree murder. In addition, he asserts in his direct appeal and in his petition for writ of habeas corpus that his counsel was ineffective concerning these issues. Court will grant defendants petition and vacate the judgment, subject to further proceedings on remand as Court will direct in our disposition.
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