P. v. Sumpter CA4/1
A jury convicted William Oliver Sumpter, Jr., of attempted willful, deliberate, and premeditated murder (Pen. Code, §§ 664, 187, subd. (a)) and made true findings that he (1) personally used a firearm in the commission of the offense (§§ 1192.7, subd. (c)(8), 12022.5, subd. (a)) and (2) inflicted great bodily injury causing the victim to suffer permanent paralysis (§ 12022.7, subd. (b)). On appeal, Sumpter claims that the jury's finding of premeditation and deliberation is not supported by sufficient evidence, the court erred in instructing the jury on imperfect self-defense, and his counsel was ineffective for failing to request a pinpoint jury instruction regarding the effect of provocation on premeditation and deliberation (see CALCRIM No. 522). We conclude Sumpter has failed to establish reversible error and accordingly affirm.
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