P. v. Dean CA4/14
Defendant James Ryan Dean shot and killed his fiancée’s ex-husband during a domestic dispute. The jury rejected the prosecution’s theory that the murder was willful, deliberate and premeditated, but convicted defendant of second degree murder. (Pen. Code, §§ 187, 189, subd. (b).) The jury also found that in committing a felony, defendant personally and intentionally discharged a firearm causing great bodily injury or death and he personally used a firearm. (§§ 12022.53, subd. (d), 12022.5, subd. (a).) Defendant admitted he suffered a prior serious felony conviction within the meaning of the “Three Strikes” law and served two prior prison terms. (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d), 667.5, former subd. (b).)
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