Jacobs

Defendants Arthur Jacobs (Jacobs) and Thomas Owen (Owen) were jointly tried and each convicted of second degree murder (Pen. Code, § 187) and assault with a firearm (§ 245, subd. (a)(2)). The jury also found that Jacobs had been armed with a shotgun (§ 12022, subd. (a)), and that Owen had personally used a shotgun in the commission of the crime (§ 12022.5). Jacobs was sentenced to an aggregate term of 20 years to life in state prison. (The term was comprised of fifteen years for second degree murder, one year for the armed enhancement, and four years for the assault conviction.) Owen was sentenced to a term of 21 years to life (15 years for second degree murder, 2 years for the firearm use enhancement, and 4 years for the assault). Each defendant has appealed from the judgment against him.

Jacobs argues that the trial court committed reversible error in admitting Owen’s pretrial statements in their joint trial. Owen presents three assignments of error: insuificiency of evidence, prejudice from a courtroom demonstration, and prosecutorial misconduct.

We conclude that there is harmless error as to Jacobs, and no error as to Owen. We therefore affirm both…