P. v. Matlock
A jury convicted David Charles Matlock (Matlock) of second degree murder (Penal Code,[1] 187) and found true that he personally used and discharged a firearm to cause death. ( 12022.53, subd. (d); 12022.5, subd. (a)(1).) The trial court sentenced Matlock to 40 years to life as follows: 15 years to life on the murder conviction and 25 years to life on the section 12022.53, subd. (d) enhancement; it imposed and stayed a 4 year sentence on the 12022.5, subd. (a)(1) enhancement pursuant to section 654. Matlock contends the trial court erroneously: (1) instructed the jury regarding imperfect self defense; (2) excluded impeachment evidence indicating a witness had used narcotics one week before the trial; and (3) stayed the 12022.5, subd. (a)(1) enhancement instead of striking it. Court affirm.
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