Carter

People v. Carter

Caution
1995 Cal. App. LEXIS 1264·41 Cal. App. 4th 683·48 Cal. Rptr. 2d 726·95 Daily Journal DAR 17058·95 Cal. Daily Op. Serv. 9894
Court of Appeal of CaliforniaDecember 22, 1995B090025California2,028 words

Opinion

Opinion

Grignon, J.

Defendant and appellant Markee Carter appeals from a judgment following a jury trial in which he was convicted of the premeditated attempted murders of three victims on a single occasion and of being an ex-felon in possession of a firearm. He admitted a single prior serious felony conviction within the meaning of Penal Code sections 667, subdivision (a) and subdivisions (b) through (i), and 667.5, subdivision (b). He was sentenced to two years for the ex-felon in possession of a firearm, consecutive to one life sentence, concurrent to two life sentences, plus five years for the section 667, subdivision (a) enhancement. In the published portion of this opinion, we conclude that, where a defendant has been convicted of crimes of violence against multiple victims and an allegation of a prior felony conviction within the meaning of section 667, subdivisions (b) through (i) has been found to be true, consecutive sentencing for the violent crimes is mandatory pursuant to section 667, subdivision (c).

In the unpublished portion of this opinion, we address the remaining contentions. Defendant contends: (1) the trial court erred by instructing the jury as to flight in the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.