P. v Hayward CA3
Defendant Dakota Danial Hayward appeals his conviction for first degree murder (Pen. Code, § 187, subd. (a)) and related firearm enhancement findings (§§ 12022, subd. (a)(1), 12022.5, subd. (a), 12022.53, subds. (b)-(d)). He contends that evidence the victim was under the influence of methamphetamine at the time of the killing was improperly excluded. We shall conclude that the contention has merit, and that it is reasonably probable the jury would have acquitted defendant of first degree murder, convicted him of second degree murder or involuntary manslaughter, and found all but one of the firearm enhancements not true in the absence of the error. Accordingly, we shall reverse the judgment.
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