P. v. Thomas CA2/5
A jury convicted defendant and appellant Demonte Thomas of first degree murder (Pen. Code, § 187, subd. (a) ) and found that he personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)). The trial court sentenced defendant to 50 years to life in state prison. On appeal, defendant contends that his lawyer provided ineffective assistance of counsel by failing to request the trial court instruct the jury on provocation with CALCRIM No. 522. We affirm.
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