Anderson

Defendant was charged by information in counts 1 and 4 with assault with a deadly weapon with intent to commit murder (Pen. Code, § 217), and in counts 2, 3, and 5 with murder (Pen. Code, § 187). Defendant was found guilty of murder as charged in counts 3 and 5, and of assault with a deadly weapon with intent to commit murder as charged in count 4. He was acquitted of the charges contained in counts 1 and 2. Defendant was sentenced to death for the offense listed in count 3, to state prison for the term prescribed by law for the offense listed in count 4, and for life imprisonment for the offense listed in count 5.

This court has reviewed the record in this case and the numerous legal issues posed by defendant which are offered as grounds for reversal. We find that there was more than sufficient evidence to sustain the guilty verdicts.

The People’s case was as follows: Defendant became involved in an altercation with one Freddie Franklin. A witness, Diane Blackburn, testified that prior to the victim Franklin’s death, she observed defendant with a shotgun. Defendant stated that he was going to kill Franklin because he was “bugging” him. Some time later, the witness…