Marzett

Ernest McKinney and Darrell Lamont Marzett (appellants) have appealed their conviction of second degree murder (Pen. Code, § 187), and that appellant McKinney used a firearm in the course Of the murder (Pen. Code, § 12022.5). Appellants were further convicted of áttempted murder (Pen. Code, § 664/187), and that appellant McKinney was armed with and used a firearm with intent to inflict great bodily injury (Pen. Code, §§ 12022.5, 12022.7, and 12022, subtL (a)). Appellant McKinney was sentenced to state prison for a term of 26 years to life. Appellant Marzett was sentenced to state prison for a term of 16 years to life. Appellant Marzett contends:

Appellant Marzett has also attacked trial counsel’s competence by means of a writ of habeas corpus. We previously ordered the writ to be considered concurrently with this appeal.

Appellant McKinney contends:

Facts

On July 22, 1983, at approximately 10 p.m., a neighborhood party was being held in the vicinity of 111th Street and Figueroa. Sean Taylor, James Hill, and Joseph Carter were on the street near the party when appellants, on foot, turned the corner of 110th Street. Appellant McKinney was allegedly armed with a…