People v. Winn
Annotate this CaseWinn was convicted of first-degree murder for the stabbing death of Derrington after Derrington had Winn and his wife evicted from their home. Derrington was the ex-husband of Winn’s wife. The jury also found true a deadly weapon enhancement; Winn admitted he had previously served five prior prison terms. The trial court imposed a total term of 31 years to life in prison. The court of appeal affirmed, rejecting arguments that the trial court erred by admitting a photograph of the victim taken prior to the offense, while the victim was still alive; that the trial court erred during a post-verdict “Marsden” hearing by failing to inquire into Winn’s claim that his counsel deprived him of the opportunity to testify in his defense; and that trial counsel provided ineffective assistance by failing to lodge objections to the photograph. The court stated that the evidence against Winn was overwhelming and his claim of self-defense was not credible. Had Winn testified, the prosecution likely would have introduced evidence of his numerous prior convictions, which included multiple felonies relevant to impeach his credibility.
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