People v. Saner CA1/2

Filed 11/8/21 P. v. Saner CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

A159086

v. MICHAEL JAY SANER, (Mendocino County Super. Ct. No. SCTMCRCR 17-91107) Defendant and Appellant.

A jury found defendant Michael Jay Saner guilty of first degree murder (Pen. Code, § 187, subd. (a)) and found he personally discharged a firearm causing death (id., § 12022.53, subd. (d)) and personally used a dangerous or deadly weapon (variously described as tear gas, pepper spray, bear spray, and mace) (id., § 12022, subd. (b)(1)). Defendant was sentenced to 50 years to life in prison. On appeal, defendant contends (1) his counsel was ineffective in failing to object to evidence that he possessed a knife when he was…