People v. Taylor CA5

DISCUSSION, the words “a modified version of” are inserted between the word “specifically” and the word “CALCRIM” so that the sentence reads:

Defendant contends the true finding on premeditation must be reversed because of ineffective assistance of counsel in that defense counsel failed to request a pinpoint instruction, specifically a modified version of CALCRIM No. 522. 2. On page 5, the first sentence of the paragraph under the heading

I. CALCRIM No. 522, the words “a modified version of” are inserted

between the word “request” and the word “CALCRIM” so that the sentence reads:

Defendant contends he received ineffective assistance of counsel because defense counsel failed to request a modified version of CALCRIM No. 522 (Provocation: Effect on Degree of Murder).

3. On page 5, footnote 2 is deleted. The following footnote is inserted in its place:

Defendant asserts the jury should have been instructed that: “Provocation may reduce an attempted premeditated murder to only attempted murder. The weight and significance of the provocation, if any, are for you to decide. [¶] If you conclude that the defendant committed an attempted murder but was provoked, consider the…