People v. Smith CA2/7

INTRODUCTION

Kaleah Beatrice Smith appeals from the judgment after a jury convicted her of first degree murder, attempted murder, and conspiracy to commit murder and found true related firearm allegations. Smith argues (1) the evidence did not sufficiently corroborate the testimony of several of her accomplices; (2) her trial counsel rendered ineffective assistance by failing to argue the evidence did not corroborate the accomplices’ testimony and by advancing an argument that was not “viable” and may have offended the jury; (3) the court erred in imposing the middle term, as opposed to the lower term, on her conviction for attempted murder and on the firearm enhancement on her murder conviction; and (4) her trial counsel provided ineffective assistance at sentencing by, among other omissions, failing to present evidence her youth and postpartum depression contributed to her committing the offenses. Because none of Smith’s arguments has merit, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Smith Conspires To Murder Jason Beaulieu, Succeeds, and Attempts To Murder Jacob James In the late afternoon of November 9, 2015 Smith and her housemates (Zariah McCollum, Zaria Tate,…