P. v. Pigues CA1/4
Zavier Pigues appeals the judgment of conviction entered after a jury found him guilty of the second degree murder of Brian Beaufort and found true an allegation that he personally and intentionally discharged a firearm causing Beaufort’s death, a finding that resulted in an enhancement of Pigues’s sentence. Pigues contends the trial court erred by conducting an insufficient inquiry at a Marsden hearing and by refusing to give jury instructions on imperfect self-defense and voluntary intoxication. In supplemental briefing, Pigues argues, and the Attorney General concedes, that remand is required to (1) allow the trial court to exercise its discretion as to whether to strike the firearm enhancement in light of an amendment to section 12022.53, and (2) give the parties the opportunity to make a record with information that will be relevant at a future youth offender parole hearing under sections 3051 and 4801. We affirm Pigues’s conviction but...
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