People v. Guerrero CA2/3
Opinion
Opinion
Lavin, J.
INTRODUCTION
A jury convicted Manuel Guerrero of one count of second degree murder (Pen. Code,1 § 187, subd. (a); count 1) and one count of possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). With respect to count 1, the jury found that Guerrero personally and intentionally discharged a firearm, causing great bodily injury and death. (§ 12022.53, subds. (b)–(d).) Guerrero raises seven claims of error on appeal: (1) the court erred in denying his pretrial motions under People v. Marsden (1970) 2 Cal.3d 118 (Marsden); (2) Guerrero’s right to legal autonomy was violated when a continuance was granted over his objection; (3) the court erred in failing to instruct the jury on transferred intent sua sponte; (4) the evidence was insufficient to support a murder conviction; (5) the court erred in denying Guerrero’s request for a mistrial following prosecutorial misconduct; (6) the court erred in admitting jail calls; and (7) the court erred in imposing the consecutive 25-year-to-life firearm enhancement. We modify the judgment to reflect that the section 667, subdivision (a)(1) enhancement is stricken and affirm the judgment as modified.