Wright

SIMS, Acting P.J.

Defendant Donald Thomas Wright appeals from a judgment entered following jury verdicts finding him (1) guilty of the second degree murder of Edward Sanchez, with personal use of a firearm (Pen.Code, §§ 187, subd. (a), 12022.53, subd. (d)); [1] (2) guilty of assault with a firearm on Clarence Redoble, with personal use of a firearm (§§ 245, subd. (a)(2), 1203.06, subd. (a)(1), 12022.5, subd. (a)(1)); and (3) legally sane when the crimes were committed. Defendant contends among other things that the trial court erred in the guilt phase by preventing the jury from hearing directly from witnesses who observed defendant's behavior before the shooting, evidence which defendant sought to use on the issue of his state of mind in connection with his theory of imperfect self-defense. We agree and shall conclude the evidentiary or in the guilt phase requires reversal of the judgment.

On March 21, 2000, an information was filed alleging that on November 15, 1999, defendant murdered Edward Sanchez (§ 187) and assaulted Clarence Redoble with a firearm (§ 245). It was also alleged in an amended information that defendant was ineligible for probation and eligible for added…