Sanders

I. INTRODUCTION

After a consolidated trial, defendants Ricky Sanders (Sanders) and Andre Donovan Sheppard (Sheppard) were found guilty of first degree murder (Pen. Code, § 187, subd. (a)), for the shooting and killing of Kevin Lenaris (Lenaris) after losing money to him in a dice game. Firearm enhancement allegations (§ 12022.53, subds. (c), (d)) were found to be true. Sanders contends that the prosecutor violated his discovery obligations under section 1054.1, and, based on that violation, the trial court abused its discretion in denying a defense request for a continuance; that his trial counsel was ineffective in failing to join the request for a trial continuance; that the trial court abused its discretion in refusing to instruct the jury with CALJIC No. 2.28 (failure to timely produce evidence); and that he was denied his right to effective assistance of counsel, due process of law, and the right to confront and cross-examine witnesses. In addition to joining these contentions (except that regarding ineffective assistance of counsel), Sheppard contends that the trial court committed prejudicial error in refusing to instruct the jury on voluntary manslaughter; that…