Navarro

Certified for Partial Publication. [*]

A jury convicted defendant Maximino Navarro of first degree murder with a "drive-by" special circumstance and found the enhancement allegations to be true. The trial court sentenced Navarro to life without possibility of parole plus 28 years to life. On appeal Navarro claims the trial court made prejudicial errors leading to his conviction and sentence. We affirm the judgment of conviction and modify the sentence to strike the firearm discharge enhancement and the parole revocation fine.

Navarro was charged with the first degree murder of Rodney Davis in a drive-by shooting. His first trial resulted in a hung jury.

At the second trial, the jury convicted Navarro on the following evidence. Two eyewitnesses testified Navarro, driving a burgundy colored Honda Accord, pulled up alongside Davis's truck and fired shots at Davis. Two other witnesses testified they saw Navarro driving his burgundy Honda in the vicinity of the shooting immediately before it occurred. Another witness testified he saw a burgundy Honda pull up to Davis's truck and heard three shots fired. This latter witness, Sebron Irby, was threatened by Navarro while…