The People v. Ainsworth CA2/4

INTRODUCTION

A jury convicted defendant Tyrell Ainsworth of first degree murder (Pen. Code, § 187, subd. (a))1 and found true the allegation that defendant personally used a firearm within the meaning of section 12022.53, subdivision (d). Defendant admitted the allegation that he had suffered one prior strike conviction. After defendant’s successful motion to proceed in propria persona at the sentencing hearing, the court sentenced him to state prison for 75 years to life, consisting of 25 years to life for the murder, doubled pursuant to the “Three Strikes” law, plus a consecutive sentence of 25 years to life for the gun use enhancement. Defendant contends on appeal that the trial court erred by refusing to instruct the jury regarding voluntary manslaughter because there was substantial evidence the killing was done in the heat of passion, and by admitting evidence that a shotgun not involved in the killing was found at defendant’s residence. We are not persuaded by either of these arguments. However, we agree with defendant’s further contention that because he was a minor at the time of the killing and the court did not consider the factors specified in Miller v. Alabama (2012)…