People v. Peterson CA4/1

I.

INTRODUCTION

Defendant Demus Lushan Peterson appeals from a judgment of conviction for first

degree murder. Peterson was arrested, tried and convicted for a cold case shooting that

occurred in 1994 in Ontario, California.

Peterson contends that the trial court prejudicially erred in permitting the jury to

hear evidence that he possessed two loaded firearms months after the murder, and further

contends that he is entitled to additional custody and conduct credits beyond what the

trial court calculated.

We reject Peterson's argument that the trial court prejudicially erred in admitting

evidence of Peterson's possession of two firearms approximately four and a half months

after the murder. With respect to Peterson's contention that he is entitled to additional

custody and conduct credits, we agree that Peterson may be entitled to additional credits,

but remand the matter for the trial court to make certain necessary factual determinations

and to then recalculate the credits to which Peterson is entitled.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Adrian Sutton and Buster Shackelford met in Florida in 1994. Shackelford, who

was a long-haul truck driver,…