People v. Mackabee CA2/4

INTRODUCTION

Marcel Maurice Mackabee appeals from a judgment and sentence, following his conviction for murder. He contends his conviction should be reversed, as his trial counsel’s representation was ineffective. Finding no reversible error, we affirm.

PROCEDURAL HISTORY

1 A jury found appellant guilty of murder (Pen. Code, § 187, subd. (a)). It further found the murder was committed with a firearm (§ 12022, subd. (a)(1)), and during the commission of a robbery (§§ 211, 212.5), within the meaning of section 190.2, subdivision (a)(17). The court sentenced appellant to life imprisonment without the possibility of parole. Appellant timely filed a notice of appeal.

FACTUAL BACKGROUND

A. The Prosecution Case 1. The Victim On March 24, 2011, Philip Victor Williamson was found in an alley in the City of Long Beach. His shirt had been clipped off, he was not wearing pants, and he had no identification or keys on his person. He was gasping for breath, and bleeding from his head. After being treated at the scene, he was rushed to the hospital. At the hospital, he was treated for a single gunshot wound to the back of his head and was placed on life support. Shortly thereafter,…