P. v. Givens
Appellant Jermaine Givens was convicted of first degree murder with a special circumstance and related charges after he shot two rival drug dealers, killing one and seriously injuring another. He contends: (1) the prosecutor committed prejudicial misconduct during closing argument by stating that appellants mother had not testified on his behalf because she knew he was guilty, and by vouching for the credibility of a police officer witness; (2) defense counsel was ineffective in failing to object to irrelevant and prejudicial testimony about the criminal activity endemic to the area where the shooting occurred; and (3) the imposition of an upper term sentence on one of the counts violated his rights under Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham). Court agree with the last contention, but otherwise affirm.
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