P.

INTRODUCTION

Defendant and appellant Russell Garrett (defendant) was convicted of murder. (Pen. Code, §§ 187, subd. (a) and 1891). On appeal, defendant contends that he received ineffective assistance of counsel when his counsel acquiesced in the trial court‟s answer to a question posed by the jury. We affirm the judgment.

PROCEDURAL BACKGROUND

Following a trial, the jury found defendant guilty of the willful, deliberate and premeditated murder in violation of sections 187, subdivision (a) and 189. The jury found true that in committing the offense defendant personally and intentionally discharged a handgun causing the victim‟s death within the meaning of section 12022.53, subdivisions (c) and (d), and that the offense was committed for the benefit of, at the direction of, and in association with a criminal street gang with the specific intent to promote further and assist in criminal conduct by gang members in violation of section 186.22, subdivision (b)(1)(C). The trial court sentenced defendant to state prison for a term of 50 years to life, consisting of a term of 25 years to life for first degree murder, plus a consecutive term of 25 years for the personal and intentional…