People v. Sanders CA2/5

INTRODUCTION

A jury convicted defendant and appellant Marvin Sanders of attempted murder (Pen. Code, § 664/187, subd. (a)1) and assault with a semiautomatic firearm (§ 245, subd. (b)). The jury found true the allegations that the attempted murder was committed willfully, deliberately, and with premeditation (§ 664, subd. (a)), and that defendant personally used (§ 12022.53, subd. (b)) and personally discharged (§ 12022.53, subd. (c)) a firearm in the commission of the offense. As for the assault with a semiautomatic firearm offense, the jury found true the allegation that defendant personally used a firearm in the commission of the offense. (§ 12022.5, subds. (a) & (d).) The trial court sentenced defendant to life in prison with the possibility of parole plus a consecutive 20- year term. On appeal, defendant contends the trial court erred in denying his Wheeler/Batson2 motion, insufficient evidence supports his attempted murder conviction, insufficient evidence supports the jury’s finding that he committed the attempted murder with premeditation, insufficient evidence supports his assault with a semiautomatic firearm conviction, the prosecution failed to disclose exculpatory…