P. v. Hickman CA3
A jury found defendant Alan Wayne Hickman guilty of the first degree murder of his wife, Susan Hickman. The jury also found true allegations that defendant personally and intentionally discharged a firearm causing great bodily injury or death in the commission of the offense. The trial court sentenced defendant to an aggregate term of 50 years to life in state prison.
Defendant appeals, arguing: (1) the trial court should have instructed the jury sua sponte on subjective provocation under CALCRIM No. 522 or, in the alternative, his trial counsel was ineffective for failing to request the instruction; (2) the trial court abused its discretion in declining to strike the firearm enhancement and impose a lesser enhancement; and (3) the trial court erred in imposing various fines, fees, and assessments without determining his ability to pay. We reject these contentions and affirm the judgment.
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