California Court of Appeal

Sentence and convictions of second-degree murder, attempted murder and discharging a firearm at an inhabited dwelling are affirmed over claims that: 1) there was insufficient evidence to support conviction; 2) the trial court erred in instructing the jury on murder, attempted murder, and consciousness of guilt; 3) the trial court erroneously and prejudicially limited his case; 4) defendant's trial attorney was ineffective; 5) the trial court erred in allowing the jury to formulate questions for the witnesses; 6) sentence enhancements were imposed in violation of his rights under the Sixth Amendment; 7) a firearm use enhancement was wrongfully imposed on the conviction of discharging a firearm at an inhabited dwelling; and 8) his de facto sentence of life without parole amounts to cruel or unusual punishment, primarily because he was 16 years old at the time of the crimes.

Appellate Information

• Decided 02/07/2011
• Published 02/07/2011

Judges

• ROBIE

Court

• California Court of Appeal

Counsel