People v. Lee CA2/4

INTRODUCTION

Briaell Michael Lee appeals from a judgment and sentence, following his conviction for second degree murder. He contends that the trial court erred in admitting hearsay testimony; that he was denied a fair trial due to the composition of the jury pool; and that the trial court erred in declining to instruct on duress as a defense to murder. Finding no reversible error, we affirm.

PROCEDURAL HISTORY

Appellant and codefendant Cimarron Bernard Bell were charged with the murder of Mario Larios, Edgar Valles, and Fernando Pina (Pen. Code, § 187, 1 subd. (a)). Appellant was tried after Bell. A jury found appellant guilty of the murder of Larios, found the murder to be in the second degree, and found true the allegations that appellant personally and intentionally used and discharged a firearm (§ 12022.53, subds. (b), (c), (d) & (e)(1)). Appellant was found not guilty of the murder of Valles and Pina. The trial court sentenced appellant to 15 years to life for the murder, plus 25 years to life for the section 12022.53, subdivision (d) allegation. Appellant filed a timely notice of appeal.

FACTUAL BACKGROUND

On January 30, 2004, the bodies of Larios, Pina, and Valles…