P. v. Castrellon CA4/2
In 2005, a man was shot and killed at an apartment complex in Rialto. In 2013, a professed eyewitness came forward and identified defendant Michael Anthony Castrellon as the killer. She told the police and testified at trial that the victim tried to buy marijuana from defendant; defendant accused the victim of killing one of his “homeboys,” then shot him.
A jury found defendant guilty of first degree murder (Pen. Code, §§ 187, subd. (a), 189), with an enhancement for personally and intentionally discharging a firearm, causing death (Pen. Code, § 12022.53, subd. (d)). He was sentenced to a total of 50 years to life in prison, along with the usual fines, fees, and miscellaneous sentencing orders.
Defendant’s only claim of error is that his trial counsel rendered ineffective assistance by failing to request an instruction that evidence of provocation can reduce what would otherwise be first degree murder to second degree murder.
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