Franco

Convicted by jury of first degree murder (Pen. Code, §§ 187, 12022, subd. (a)(1)) and sentenced to state prison for 26 years to life, appellant contends prosecutorial misconduct, instructional errors, and an abuse of sentencing discretion require a reversal of the judgment. We find no error and affirm.

Procedural Background

Jose Walter Franco (appellant), George Farias, and Augustine Gallardo were charged with the October 15, 1989, murder of Luis Arevalo. It was alleged that Gallardo used a firearm, a .22-caliber rifle, in the commission of the murder (§ 12022.5) and the codefendants were principals in its use (§ 12022, subd. (a)(1)).

Prior to trial, on September 6, 1990, Farias pleaded guilty to voluntary manslaughter. Trial of appellant and Gallardo began November 19,1990, but on November 29, still during jury selection, the proceedings were continued to December 10. On December 10, Gallardo pleaded guilty to second degree murder. The trial of appellant resumed but on December 13, 1990, was continued until January 14, 1991. There were other trial interruptions. Testimony concluded February 13, 1991, jury instruction began February 19, and jury deliberation commenced…