P. v. Horsley CA5
On November 3, 2016, defendant Allen Ray Horsley engaged in a verbal altercation with Dustin Montgomery before shooting him in the head and killing him. A jury convicted defendant of murder and assault with a firearm and found true allegations that defendant intentionally used and discharged a firearm. The trial court sentenced defendant to a total term of 50 years to life in prison.
Defendant contends on appeal that (1) the trial court erred by instructing the jury as to self-defense relating to the murder charge and not the assault charge; (2) the trial court erred in responding to the jury’s question regarding the definition and effect of provocation in their consideration of the murder charge; (3) trial counsel was ineffective in failing to object to the prosecutor’s closing argument that compared premeditation and deliberation to a baseball player’s decision to swing at a ball and a driver’s decision not to stop at a yellow traffic light;
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