P. v. Collins
Appellant James Collins was convicted of one count of first degree murder in violation of Penal Code section 187, one count of premeditated attempted murder in violation of sections 664 and 187 and one count of being a felon in possession of a handgun in violation of section 12021, subdivision (a)(1). The jury found true the allegations that appellant was a minor who was at least 14 years old when he committed the murder within the meaning of Welfare and Institutions Code section 707, subdivision (a), a principal personally and intentionally discharged a firearm causing death within the meaning of section 12022.53, subdivisions (b) through (e)(1), and appellant personally and intentionally discharged a firearm causing great bodily injury in the attempted murder within the meaning of section 12022.53, subdivisions (b) through (e)(1). The jury also found true the allegations that the murder and attempted murder were committed for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1). The trial court sentenced appellant to a term of 25 years to life for the murder conviction plus a 25 year to life enhancement term for the firearm use plus a consecutive life sentence for the attempted murder conviction plus a 25 year to life enhancement term for the firearm enhancement. The court imposed sentence on the firearm possession conviction concurrently.
Appellant appeals from the judgment of conviction, contending that the trial court erred in denying his motion to sever trial or impanel a separate jury, and in admitting co-defendant Hamilton's extrajudicial statement and instructing the jury about that statement. Appellant further contends that the trial court erred in ordering him to pay a security fee and failing to stay the firearm possession sentence pursuant to section 654. Court affirm the judgment of conviction.
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