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P. v. Martin
A jury convicted defendant of first degree murder and found true an enhancement allegation that in committing the murder he personally used a deadly or dangerous weapon. (Pen. Code, 187, subd. (a), 12022, subd. (b)(1).) Sentenced to an indeterminate term of 25 years to life plus one year, he appeals from the ensuing judgment contending there is no substantial evidence the murder was of the first degree; the trial court erred in failing to conduct a competency to stand trial hearing and to instruct sua sponte that evidence of provocation can be considered in determining the degree of murder; his counsel rendered ineffective assistance in failing to request such an instruction; and the sentence for the offense constitutes cruel and unusual punishment in light of his history of use of controlled substances and psychiatric disorder. Court affirm the judgment.

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