A first-degree murder conviction was upheld by an appeals court Wednesday for a man who shot and killed his wife in Vista.
Andrew Thomas Smith, 61, was convicted by a Vista jury last year in the April 13, 2019, death of Jean Moore Smith, 59, and later sentenced to 50 years to life in prison.
While a three-judge panel of the Fourth Circuit Court of Appeals rejected Smith’s arguments to reduce his sentence to either second-degree murder or voluntary manslaughter, they ruled that he is entitled to a possible resentencing, which a judge could decide to strike. a firearm enhancement that added a 25-year-to-life sentence to his sentence.
Smith was arrested on the evening of April 13 by sheriff’s deputies at the couple’s Rancho Vista Road home. Moore Smith, who was shot in the neck, was taken to an area hospital where she was pronounced dead shortly after arrival.
Smith called 911 to report the shooting and told a dispatcher, “It’s got me over the edge. I’m very sorry, but he did,” according to a 2019 San Diego Union-Tribune article, citing evidence from Smith’s preliminary hearing.
City News Service contributed to this article.
First-Degree Murder Conviction Upheld for Vista Man in Wife’s Death Source link First-Degree Murder Conviction Upheld for Vista Man in Wife’s Death