P. v. Weaver CA6
Defendant Loyce Weaver fired a gun multiple times toward a group of people in a parking lot, killing one of them, and was convicted of first degree murder. Defendant contends there was insufficient evidence to support his conviction and that the jury was instructed incorrectly. He also contends the trial court erred by not allowing him to present evidence about gangs to bolster his testimony that he shot to defend against a perceived attack by gang members. He alternatively argues the case should be remanded for resentencing because the enhancement imposed for using a firearm is no longer mandatory after a recent statutory amendment. We find no error but will remand for resentencing to allow the trial court to exercise its discretion as to the firearm enhancement.
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