P. v. Kingsbury CA2/7
Defendant Andrew Phillip Kingsbury shot Juan Gonzalez in the neck. He was charged with attempted willful, deliberate and premeditated murder (Pen. Code, §§ 187, subd. (a), 664) and possession of a firearm by a felon (§ 29800, subd. (a)(1)). At trial, Kingsbury explained he fired his weapon in self-defense, but the jury found him guilty of attempted murder and possession of a firearm by a felon.
Kingsbury argues the trial court erred in its instructions to the jury on the law of self-defense, and his counsel provided ineffective assistance. Kingsbury also requests that his case be remanded for resentencing in light of recent legislation giving the trial court discretion to strike the firearm enhancement. We deny his request for resentencing and affirm.
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