People v. Mehlenbacher CA4/1

I.

INTRODUCTION

Joseph Mehlenbacher shot Kenneth C. in the head for being noisy outside an apartment where a friend allowed Mehlenbacher and Mehlenbacher’s girlfriend to stay. A jury found Mehlenbacher guilty of first degree murder (Pen. Code, § 187, subd. (a)) and found true the allegation he personally and intentionally discharged a firearm, causing death (id., § 12022.53, subd. (d)). At sentencing the trial court struck the firearm enhancement and sentenced Mehlenbacher to 25 years to life in prison. Mehlenbacher contends the trial court prejudicially erred when it (1) excluded evidence of Kenneth’s character for violence; (2) admitted items from Mehlenbacher’s social media accounts, including two short videos showing law enforcement in pursuit of him and text messages to his grandmother; (3) admitted (a) video showing officers carrying Kenneth down the stairs and performing life-saving measures, (b) a photograph of Kenneth when he was alive, and (c) two autopsy photographs; (4) excluded evidence that someone shot Mehlenbacher six months prior and denied Mehlenbacher’s related pinpoint instructions; (5) failed to instruct the jury on the lesser included offense of involuntary…