P. v. Halsema
Defendant John Lawrence Halsema shot his friend and housemate Craig Davies in the back, killing him. Nine or ten days later, defendant called police to report the shooting, stating that it had been an accident.
A jury found defendant guilty of murder in the second degree (Pen. Code, §§ 187, subd. (a), 189),[1] and found true an allegation that his personal use of a firearm resulted in Davies’s death. (§ 12022.53, subd. (d).) However, finding that the trial court committed prejudicial instructional error, this court reversed the judgment and remanded for retrial.[2] At defendant’s second trial, a jury again found defendant guilty of second degree murder and found true the enhancement allegation that defendant personally used a firearm resulting in the death of Davies.
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