P. v. Blackwell CA2/1
A jury found Ernest Blackwell guilty of second degree murder and also found he personally discharged a handgun, causing the victim’s death. The trial court sentenced him to 40 years to life in prison. He contends the court violated his constitutional rights by failing to instruct the jury that to prove murder, the prosecution bears the burden of disproving heat of passion and imperfect self-defense beyond a reasonable doubt. We find the court properly instructed the jury and, accordingly, affirm the judgment.
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