Xiong

Defendant Koua Xiong was convicted of the first degree murder of a taxi driver, José Jesus Martinez, who was found dead in his taxi, which had crashed into a tree. He had been killed with a single, pointblank gunshot to the back of the head. No suspect came to light until defendant was identified by a “cold hit”—a match of DNA profiles found through the comparison of the DNA profile from the blood found in and on the taxi with an offender database of DNA profiles. On appeal, defendant contends (1) the evidence was insufficient to support the convictions, (2) defense counsel was ineffective for failing to object to the DNA evidence and request a limiting instruction, and (3) the trial court erred in failing to stay the sentence on possession of a firearm pursuant to Penal Code section 654 We will affirm.

PROCEDURAL SUMMARY

On March 10, 2011, the Fresno County District Attorney charged defendant with murder (§ 187, subd. (a); count 1) and possession of a firearm by a felon (former § 12021, subd. (a)(1); count 2). As to count 1, the information also alleged that defendant personally and intentionally discharged a firearm (former § 12022.53, subd. (c)), which proximately…