P. v. Lancaster
A jury convicted defendant Marcus Lancaster of attempted willful, deliberate, and premeditated murder (Pen. Code 664/187, subd. (a)),[1]and found true the allegations that he intentionally discharged ( 12022.53, subd. (c)) and personally used ( 12022.53, subd. (b)) a firearm. The jury found not true the allegation that defendants discharge of the firearm caused great bodily injury ( 12022.53, subd. (d)), and acquitted defendant of assault with a firearm ( 245, subd. (a)(2)). Before sentencing, the trial court declared a doubt as to defendants mental competence under section 1368, adjourned criminal proceedings, and appointed a mental health expert to examine defendant. The issue of competence was submitted based on the experts report. The court found defendant competent, and reinstated criminal proceedings. The court sentenced defendant to an indeterminate life term for the attempted murder, plus 20 years for the discharge of a firearm. The court imposed and stayed a 10-year term for the use of a firearm.
Defendant appeals from the judgment of conviction, contending: (1) without evidence establishing the chain of custody, the trial court erred in admitting into evidence the firearm allegedly used in the attempted murder; and (2) the eyewitness identification testimony was inherently unbelievable and the remaining evidence does not support the conviction. Court affirm.
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