McFearson

INTRODUCTION

David McFearson was convicted of various crimes arising from two shootings in which he was involved. He was sentenced to a determinate prison term of 14 years four months and a consecutive indeterminate prison term of 25 years to life, based primarily on his conviction for using a firearm to cause great bodily injury during an attempted murder. (Pen. Code, §§ 187, subd. (a), 664, 12022.53, subd. (d).)

McFearson attacks his convictions on numerous grounds. First, he claims he was convicted improperly of two counts because they were lesser included offenses to other crimes of which he was convicted. Second, he claims his conviction must be reversed because of prosecutorial misconduct. Third, he argues the trial court erred in failing to provide the jury with a Sanchez instruction. Finally, he asserts the trial court made various errors at the sentencing hearing.

In our original opinion we concluded the convictions on two of the counts must be vacated because they were lesser included offenses to other crimes of which McFearson was convicted. We also agreed that various errors were made during the sentencing.

The California Supreme Court accepted this case…