People v. Candler CA5

INTRODUCTION

Defendant Marquis Wayne Candler killed Jamore Holliday and wounded Holliday’s girlfriend, T.N., after shooting them in the apartment where they all lived. A Kern County jury convicted defendant of first degree murder of Holliday (Pen. Code, §§ 187, subd. (a), 189, subd. (a))1 and attempted premeditated murder of T.N. (§§ 664/187, subd. (a)). The trial court sentenced defendant to 188 years to life in prison. Defendant raises several issues on appeal. First, he claims the trial court erred when it denied his respective motions for mistrial and new trial after the jury mistakenly received an unredacted audio recording and transcript of a jail call between defendant and his brother. Next, defendant claims the trial court erred when it admitted into evidence certain items related to his sister’s 911 phone call after the shooting. Additionally, defendant argues the trial court improperly instructed the jury on consciousness of guilt. Defendant also raises a claim of cumulative prejudicial error. Finally, defendant asks us to strike a one-year prior prison term enhancement pursuant to section 667.5, subdivision (b), that the trial court inadvertently imposed. We will…