P. v. Atherly CA4/1
Over Thanksgiving weekend in 2013, Edly Albert Atherley hit his wife, Ashley, in the face, giving her two black eyes and a broken nose. Less than an hour later, he killed Ashley by stabbing her in the neck with a butcher knife.
A jury convicted Atherley of second degree murder (Pen. Code, §§ 187, subd. (a), 189) and found that in doing so he personally used a deadly weapon within the meaning of section 12022, subdivision (b)(1). The court sentenced him to 15 years to life for murder and a consecutive one-year term for using a deadly weapon.
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