People v. McNeil CA2/4

INTRODUCTION

Carl McNeil appeals from a sentence of 100 years to life, following his convictions for three counts of attempted murder. He contends that eyewitness identification of him as the shooter was not credible. For the reasons set forth below, we conclude there is sufficient evidence to support the convictions. Accordingly, we affirm.

PROCEDURAL HISTORY

A jury found appellant guilty of the attempted murder of Chenika Carter, 1 Kindu Carter, and Yvonne Pamela Hargrave (Pen. Code, §§ 664, 187, subd. (a)). The jury also found true the allegations that appellant personally used and intentionally discharged a handgun, causing great bodily injury to the three victims (§ 12022.53, subds. (b), (c), (d)). In a bifurcated bench trial, the trial court found true the allegations that appellant had suffered two strikes within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(j), 1170.12), and that he had served five prior prison terms (§ 667.5, subd. (b)). The trial court heard and denied appellant’s motion for a new trial based on purported lack of evidence that he was the shooter. It sentenced appellant to 100 years to life in state prison. On June 25, 2015, appellant…