P. v. Harris CA2/3
Defendant Julius Darnell Harris appeals his conviction for first degree murder and true findings regarding firearm and gang allegations; defendant Michael Dunn appeals his conviction for second degree murder and true findings regarding firearm and gang allegations.
Harris contends the trial court prejudicially erred by failing to instruct the jury on the lesser-included offense of voluntary manslaughter based on imperfect self-defense and heat-of-passion. Harris also contends his lawyer was ineffective by failing to request that the jury be instructed on provocation to reduce the degree of murder. Dunn contends the trial court improperly imposed two prison priors based on the same conviction, and he is entitled to an additional day of credit. He also contends the trial court prejudicially erred by instructing the jury on the right of a home occupant to use deadly force, and there was insufficient evidence to support the gang enhancement. Harris joins in Dunn’s arguments.
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