People v. Anthony CA2/3

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Introduction. On June 13, 1999, following an argument with her neighbor and her neighbor’s boyfriend, the victim – Treauna Turner – was shot by the boyfriend, defendant Anthony. Turner survived the shooting but was paralyzed from the waist down. After Anthony fled the scene, his girlfriend lied to the police about his identity. As a result, the police investigation into Turner’s shooting reached a dead end and charges were not brought against Anthony until 2007. His first trial in 2008 ended in a hung jury, but a verdict was reached after retrial in 2011. The jury convicted Anthony of attempted murder, but found the offense had not been premeditated. Because the unpremeditated attempted murder conviction had to be dismissed on statute of limitations grounds, the trial court based Anthony’s sentence on his accompanying conviction for aggravated mayhem. It is from this judgment that Anthony now appeals.

1 All further statutory references are to the Penal Code unless otherwise specified. 2 Anthony’s prison term of life,…