People v. Womack CA5

INTRODUCTION

On March 24, 2022, a jury convicted defendant Darren Joseph Lee Womack, Jr., of first degree murder (Pen. Code, §§ 187, subd. (a), 189; count I) and first degree burglary (§§ 459, 460, subd. (a); count II). (Undesignated statutory references are to the Penal Code.) Enhancement allegations, which will be discussed later, were also found true. Subsequently, as to count I, defendant was sentenced to a total indeterminate term of 75 years to life, and as to count II, he was sentenced to a total determinate term of 12 years, to run concurrent with count I. On appeal, defendant contends: (1) his first degree murder conviction must be dismissed because there lacks substantial evidence “he [was] the individual who shot and killed the victim” and alternatively, “the prosecution failed to prove that he was not acting in lawful self-defense”; (2) he was deprived of his constitutional rights to a jury trial and due process when the trial court improperly instructed the jury with CALCRIM No. 521, which “provided an inaccurate definition of premeditation,” and CALCRIM No. 571, which, based on the evidence, inaccurately informed the jury that “‘[i]mperfect self-defense does not…