P.

INTRODUCTION

Defendant Krist Antonio Wiggins shot and killed Police Officer Sergio Carrera

during a SWAT team‟s execution of a search warrant on defendant. Defendant appeals

from judgment entered following a jury conviction for involuntary manslaughter, as a

lesser included offense of murder. (Pen. Code, § 192, subd. (b).)1 After a mistrial and

retrial of the personal use enhancement, the jury found true the enhancement. (§ 12022.5,

subd. (a).) The trial court sentenced defendant to 14 years in prison, consisting of four

years for involuntary manslaughter plus 10 years for the firearm allegation.

Defendant raises numerous issues regarding both trials, including challenges to the

sufficiency of evidence, instructional error, evidentiary error, and ineffective assistance

of counsel (IAC). We conclude there was no prejudicial or cumulative error and affirm

the judgment.

II

FACTS

First Trial—Involuntary Manslaughter

On October 18, 2007, the Rialto Police Department SWAT team executed a

narcotics search warrant at defendant‟s residence. The police were informed there were

gang members with narcotics and weapons at the residence, and the gang members were

known to be…