P. v. Villalobos
Defendant Alejandro Hernandez Villalobos admittedly shot and killed his estranged wife.
After a jury trial, defendant was found guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189), with an enhancement for personally and intentionally discharging a firearm, causing death (Pen. Code, § 12022.53, subd. (d)). He was sentenced to 50 years to life in prison, plus the usual fines and fees.
Defendant now contends:
1. The trial court erred by excluding expert testimony regarding defendant’s mental condition.
2. Defense counsel rendered ineffective assistance by failing to request a jury instruction that provocation can reduce first degree murder to second degree murder.
We find no error. Hence, we will affirm.
Comments on P. v. Villalobos