Fuiava

After a jury trial, defendant Freddie Fuiava was convicted of the first degree murder of Los Angeles County Deputy Sheriff Stephen Blair (Pen. Code, § 187, subd. (a)), and the premeditated attempted murder of Blair’s partner, Deputy Robert Lyons (§§ 664, subds. (a) & (e), 187, subd. (a)). The jury found true the two special circumstance allegations that the murder of Deputy Blair was committed for the purpose of avoiding and preventing a lawful arrest (§ 190.2, subd. (a)(5)), and that Blair was a peace officer engaged in the performance of his duties when defendant knowingly and intentionally killed him (§ 190.2, subd. (a)(7)). Additionally, the jury found true the allegations that defendant personally used a firearm in the murder and attempted murder (§ 12022.5, subd. (a)), had been previously convicted of a serious felony (§ 667, subd. (a)(1)), and had served two prior prison terms (§ 667.5, subd. (b)). The jury returned a verdict of death for the murder of Deputy Blair. The trial court denied defendant’s motion for new trial and the automatic application to modify the verdict (§ 190.4, subd. (e)), and sentenced defendant to death. This appeal is automatic. (§ 1239,…