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This section contains the nature of the case and procedural background.

The victim and his girlfriend approached D and offered to sell him methamphetamine. D invited the two back to his apartment for the sale. D discovered that the drugs were fake. He then shot and killed the victim. D was arrested and charged with first-degree murder. D sought an order of dismissal under the immunity provision of the 'make-my-day' statute. The court denied his request. D asserted both the make-my-day defense and self-defense. The jury rejected those defenses and convicted D of manslaughter. D appealed.

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