P. v. Asbury CA2/1
In an earlier opinion (People v. Asbury (2016) 4 Cal.App.5th 1222 (Asbury I)), we reversed defendant and appellant Diane C. Asbury’s conviction for second degree murder and remanded the case to the trial court, giving the prosecution the option either to retry Asbury for murder or to accept a modification of the judgment to reflect a conviction for voluntary manslaughter. (Id. at p. 1232.) The prosecution chose the latter option, and the trial court resentenced Asbury to 21 years in prison. The court selected the high term of 11 years, plus a 10-year enhancement pursuant to Penal Code section 12022.5, subdivision (a) for personal use of a firearm in the offense.
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