Turner

I. INTRODUCTION

A jury convicted Casey Turner of one count of second degree murder (Pen.Code, 1 § 187, subd. (a) ), and two counts of attempted murder (§§ 187, subd. (a), 664 ). The jury also found true the allegations that Turner, who was 15 years old at the time of the offenses, personally used a firearm (§§ 12022.5, subd. (a)) and personally inflicted great bodily injury (§ 1203.075). The court sentenced Turner to an aggregate state prison term of 84 years, 7 months to life.

On appeal, Turner contends the trial court prejudicially erred in refusing to instruct the jury on the theories imperfect self-defense and justifiable homicide based on self-defense. He also claims his right to due process was violated by giving the instructions on a kill zone theory that was not supported by substantial evidence. Additionally, Turner contends that his sentence of 84 years to life constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution. In a related habeas corpus petition, which we have consolidated with this appeal, Turner claims he was denied effective assistance of counsel because his trial counsel failed to raise the issue of cruel and…