P. v. Moss
Edwin Makee Moss shot Darryl Thompson three times in the back of the head, killing him. Moss appeals his conviction, by jury, of first degree murder and personally discharging a firearm in the commission of that crime. (Pen. Code, 187, 189, 12022.53, subd. (b)-(d).)[1]The trial court sentenced appellant to a term in state prison of 50 years to life. Appellant contends that his trial counsel was ineffective because counsel did not object to evidence of his association with a street gang, that the prosecutor committed misconduct by referring to his gang associations, and that the trial court erred when it failed sua sponte to instruct the jury on heat of passion manslaughter. He contends these errors cumulated to his prejudice. Court affirm.
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