P. v. Hall CA3
Defendant Andrew Howard Hall shot Eugene Walker at a marijuana farm. A jury found defendant guilty of attempted murder and other related crimes. Defendant contends the trial court committed prejudicial error by (1) not instructing the jury on the lesser included offenses of imperfect self-defense and heat of passion attempted voluntary manslaughter; and (2) not informing the jury that voluntary intoxication is a defense to attempted murder. Defendant also contends (3) the court imposed a strike sentence based on a prior conviction that did not qualify as a strike; and (4) we should remand to allow the court to resentence defendant on a firearm enhancement under Penal Code section 12022.53, subdivision (h) as amended by Senate Bill No. 620. We conclude the trial court committed prejudicial error by not instructing the jury on imperfect self-defense attempted voluntary manslaughter, and we reverse. Because we reverse, we do not address defendant’s remaining contentions.
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