People v. Carter CA1/5

Filed 6/27/14 P. v. Carter CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A135833

v. (Alameda County Super. Ct. No. C164410)

HAROLD CARTER,

Defendant and Appellant. _____________________________________/

A jury convicted Harold Carter of first degree murder (Pen. Code, § 187, subd. (a))1 and found true various sentencing enhancements (§§ 12022.53, subds. (b), (c), (d), (g), 12202.7, subd. (a)). The trial court sentenced Carter to state prison. Carter appeals. He claims the court erred by ruling the prosecution could cross examine him using a “prejudicial photograph.” We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Prosecution…