Kegler

A jury found defendant guilty of first degree murder and robbery of Phillip Roberts (counts I and II), to be true the allegations that in the commission of the above offenses he used a revolver within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1), and inflicted great bodily injury upon Roberts (Pen. Code, § 1203.075), and that he committed the murder of Roberts while engaged in the commission of robbery (Pen. Code, § 190.2, subd. (a)(17)); it also found him guilty of the robberies of Robert Barnes and Larry Venable (counts III and IV) and to be true allegations that in the commission of those robberies defendant used a revolver. As to counts III and IV, the court sentenced defendant to state prison for a total term of eight years, to run consecutively to a sentence to state prison for a term of life without the possibility of parole plus two years for use of a firearm as to count I. A six-year sentence as to count II was stayed pursuant to Penal Code section 654. Defendant appeals from the judgment, contending the court erred in refusing two jury instructions and in excluding evidence. He also contends prosecutorial misconduct deprived him of…