P. v. Leonard CA3
Using his truck, defendant Joseph Paul Leonard struck and killed a man on a bicycle and attempted to kill another man a short time after the three fought at a nearby restaurant. He appeals his convictions of first degree murder and attempted premeditated murder, alleging the following errors: (1) the trial court abused its discretion when it reopened argument in response to a jury question on the issue of intent and the jury’s impasse; (2) the court erred by not instructing on the lesser included offenses of voluntary manslaughter and attempted voluntary manslaughter based on imperfect defense of another; (3) defense counsel rendered ineffective assistance by not requesting an instruction on provocation as negating premeditation and deliberation; and (4) insufficient evidence supports the jury’s finding the murder and attempted murder were premeditated.
We affirm.
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