P. v. Paul
A jury convicted Patrick Paul of the second-degree murder of Dwhight Gary Davidson. (Pen. Code, 187, subd. (a), 189; all further undesignated section references are to the Penal Code). The jury rejected a special allegation that Paul killed Davidson to benefit and promote a criminal street gang. ( 186.22, subd. (b)(1)(A).) Paul admitted having served two prior prison terms. ( 667.5, subd. (b).) The trial court sentenced him to a total term of 16 years to life. Paul appeals, contending there is no substantial evidence of malice to support his murder conviction, the trial court erred in failing to instruct the jury on imperfect defense of another, and his trial counsel gave him inadequate assistance by not requesting such an instruction. Court find no error and affirm.
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