People v. Smith CA4/1

INTRODUCTION

Andrew Thomas Smith shot his wife in the neck and killed her while she was seated at a desk in the couple’s home watching a video on her computer. A jury convicted Smith of first degree murder (Pen. Code, § 187,

subd. (a)),1 and found he personally and intentionally discharged a firearm and proximately caused the death of his wife (§ 12022.53, subd. (d)). The trial court sentenced Smith to an indeterminate term of 50 years to life in state prison, consisting of a term of 25 years to life for the murder conviction and a consecutive term of 25 years to life for a firearm enhancement. Smith concedes he killed his wife. However, he argues we should reduce his first degree murder conviction to a voluntary manslaughter conviction because there was insufficient evidence he acted with malice. In particular, he contends he shot his wife in a heat of passion after enduring years of verbal abuse and emasculation at her hands. Alternatively, he claims we should reduce his first degree murder conviction to a second degree murder conviction because there was insufficient evidence of premeditation and deliberation. We reject both of these arguments and affirm the first degree…