[DOWNLOAD] "State v. Gonzales" by Supreme Court of the State of Oklahoma " Book PDF Kindle ePub Free

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eBook details

• Title: State v. Gonzales
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 31, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

{1} Defendant Jacob Gonzales was convicted of first-degree murder, shooting at a motor vehicle resulting in great bodily harm, and tampering with evidence. He raises three arguments on appeal. First, the jury verdict of guilty of murder in the first degree without specifying whether the jury relied on the theory of willful and deliberate murder or felony murder subjected Defendant to double jeopardy when the jury also found him guilty of the predicate felony, shooting at a motor vehicle resulting in great bodily harm. Second, that he was denied effective assistance of counsel because trial counsel neither moved for a continuance to pursue a missing witness nor requested an imperfect self-defense jury instruction. Finally, that the trial court committed reversible error by denying jury instructions on self-defense and defense of habitation. We hold that Defendant was subjected to double jeopardy, and we thus vacate his felony conviction of shooting at a motor vehicle resulting in great bodily harm. We also find that Defendant has not made a prima facie case of ineffective assistance of counsel, but Defendant may pursue habeas corpus proceedings on this issue. Finally, we reject Defendants argument that the trial court erred in denying self-defense and defense of habitation jury instructions.

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