P. v. Wilhelm CA4/3
Upset with his ex-girlfriend, defendant Thomas Michael Wilhelm took a handgun from a neighbor’s house and shot her six times. His only argument on appeal from his murder conviction is that the trial court erroneously excluded evidence of his own statements that he feared the victim. We find no abuse of discretion in the court’s decision to exclude these statements under the Evidence Code, and had we found error, we would find no prejudice requiring reversal.
In a supplemental brief, Wilhelm argued that he must be resentenced due to a change in law concerning a firearm enhancement attached to the murder count. The Attorney General concedes the point, and we agree. We therefore reverse for resentencing only and affirm the judgment in all other respects.
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