P. v. McDonald CA4/3
A jury convicted defendant Dustin Sean Ross McDonald of one count of premeditated murder and two counts of attempted premeditated murder. The jury also found true three firearm sentencing enhancements. McDonald was 23 years old when he committed the crimes. The trial court imposed a prison sentence of 114 years to life.
On appeal, McDonald asserts three instructional errors (mental impairment, involuntary manslaughter, and provocation). McDonald also asserts prosecutorial misconduct, abuse of the trial court’s sentencing discretion, ineffective assistance of counsel, cumulative error, and the imposition of an improper fine. We agree there is one instructional error, but we find it to be harmless beyond a reasonable doubt.
McDonald further asks for a remand based on three recent statutory changes. We grant that request, in part.
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