Rosenkrantz

Introduction

By information, defendant was charged with murder in violation of Penal Code section 187. It was also alleged that in the commission of the offense, defendant personally used a firearm, a semi-automatic carbine, within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). Defendant entered a plea of not guilty and denied the use allegation.

Trial was by jury. The jury found defendant guilty of second degree murder. The special allegation concerning firearm use was found to be true. Defendant’s motion for new trial was denied, as was his motion to reduce the conviction to manslaughter. Defendant was sentenced to state prison for the term prescribed by law, 15 years to life. The trial court also ordered that defendant be sentenced to two additional years because of the special allegation. Defendant has appealed from the judgment of conviction.

Factual Statement

We summarize the evidence adduced below, mindful of the familiar standard of review applicable when a defendant challenges the sufficiency of the evidence supporting a judgment of conviction. As was stated in People v. Johnson (1980) 26 Cal.3d 557, 578 [ 162 Cal.Rptr. 431 , 606…