P. v. Duran CA4/2
A man who had been sexually harassing defendant’s girlfriend was shot to death. Defendant’s girlfriend later testified that defendant admitted being the shooter. A friend of defendant, who received a reduced sentence in exchange for his testimony, likewise testified that defendant admitted being the shooter. When the police interviewed defendant, after giving him Miranda warnings, defendant admitted once again that he was the shooter; however, he claimed, initially, that the shooting was an accident and later, that it was in self-defense.
In a jury trial, defendant was found guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189), with an enhancement for causing death by personally and intentionally discharging a firearm (§ 12022.53, subd. (d)). Defendant also pleaded guilty to unlawful possession of a firearm. (§ 29800, subd. (a).)
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