P. v. Williams
Dexter Eric Williams appeals from the judgment entered following his conviction by jury on count 1 - second degree murder (Pen. Code, 187) and count 2 - shooting from a motor vehicle (Pen. Code, 12034, subd. (c)) with, as to each offense, personal use of a firearm (Pen. Code, 12022.53, subd. (b)), personal and intentional discharge of a firearm (Pen. Code, 12022.53, subd. (c)), and personal and intentional discharge of a firearm causing great bodily injury and death (Pen. Code, 12022.53, subd. (d)), with court findings that he suffered a prior felony conviction (Pen. Code, 667, subd. (d)), a prior serious felony conviction (Pen. Code 667, subd. (a)), and a prior felony conviction for which he served a separate prison term (Pen. Code, 667.5, subd. (b)). The court sentenced him to prison for an unstayed term of 60 years to life.
In this case, Court reject appellants claim that the trial court erred by failing to instruct on perfect self defense. There was no substantial evidence that when appellant shot and killed the decedent, appellant actually or reasonably believed that he was in imminent danger of death or great bodily injury.The judgment is modified by striking the Penal Code section 667.5, subdivision (b), enhancement pertaining to count 2, and, as modified, the judgment is affirmed.
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