Steppe

*1118 Opinion

A jury convicted defendant, Bernard Albert Steppe, of second degree murder (Pen. Code, § 187, subd. (a)), 1 during which he discharged a firearm causing death (§ 12022.53, subd. (d)), discharged a firearm (§ 12022.53, subd. (c)) and used a firearm (§§ 12022.53, subd. (b), 12022.5, subd. (a)). The jury also convicted defendant of attempted murder (§§ 664, 187, subd. (a)), during which he discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)), discharged a firearm and used a firearm. He was sentenced to prison for two 25-year-to-life terms and one 15-year-to-life term, plus nine years. He appeals, claiming the admission of certain DNA analysis evidence violated his right to confrontation, he was improperly denied discovery and a juror should have been excused. We reject his contentions and affirm, while directing the trial court to correct errors appearing in both abstracts of judgment.

Facts

During a 911 call on January 8, 2007, the attempted murder victim was heard to say that he and others had been shot by defendant, after the latter threatened to kill “all of [them]” and two of them were “down.” In the background, the murder victim could be…