P. v. Smith CA2/4
Defendant David Smith and his brother, James Smith, encountered Christopher Lane and his girlfriend, M. Allen, on a Long Beach sidewalk. The foursome exchanged insults and then blows. The altercation turned deadly when defendant shot Lane three times. Defendant also threatened Allen with the gun.
A jury rejected defendant’s theories of self-defense and defense of others and convicted him of second degree murder and assault with a firearm. It also found true a firearms enhancement allegation related to the murder, on which the trial court imposed the then-mandatory sentence.
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