P. v. Blair
A jury found Mark Steven Blair guilty of one count of first degree murder (Pen. Code[1] 187, subd. (a)) and found the murder was committed during a rape by instrument ( 289) within the meaning of section 190.2, subdivision (a)(17)(K). Defendant pled guilty to the charge of being a felon in possession of a firearm. ( 12021, subd. (a)(1); count 2.) The trial court sentenced defendant to life in prison without the possibility of parole for the murder and a concurrent upper term of three years for the firearm possession. On appeal, defendant claims: (1) inadmissible hearsay from the victim was erroneously admitted, (2) improper references were made to a polygraph test defendant took, (3) the trial court erroneously denied his motion for new trial, (4) the trial court failed to instruct the jury that they must find the victim was alive at the time of the unlawful penetration, and (5) the upper term was wrongfully imposed for the firearm possession. Court reject all of defendants claims and affirm the judgment.
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