Spain
People v. Spain
Opinion
Opinion
Carr, J.
A jury found the defendant guilty of murder in the second degree, and further found he personally used a firearm in the commission of that offense. (Pen. Code, §§ 187, 189, 12022.5.) Defendant, who was 17 years of age at both the time of the offense and at trial, was sentenced to the California Youth Authority for the prescribed term. On appeal, he makes the following contentions: (1) statements and evidence which were the product of an illegal arrest were erroneously admitted; (2) the trial court erroneously denied his motion for a mistrial based on misconduct by a spectator; and (3) his right to cross-examine witnesses was improperly restricted. We shall affirm.
As defendant does not challenge the sufficiency of the evidence supporting his conviction, a brief summary of the relevant facts suffices. On the evening of November 20, 1981, a bottle was thrown through the front window of defendant’s house by a group of youths. Defendant took a .22 caliber rifle outside and fired several shots after the youths, apparently intending to scare them off. About five minutes later, defendant again emerged from the house with the rifle. He saw a different group of youths and yelled…