P. v. Spencer
A jury found Gary Gaston Spencer guilty of assault with a firearm (Penal Code, 245, subd. (a)(2); count 1) and discharge of a firearm in a grossly negligent manner ( 246.3; count 2). With respect to count 1, the jury found true that he personally used a deadly weapon ( 12022.5, subd. (a).) In bifurcated proceedings, the court found him guilty of being a felon in possession of a firearm ( 12021, subd. (c)(1); count 3.) The court sentenced him to seven years in prison as follows: the middle term of three years on count 1, plus the middle term of four years for the firearm enhancement; the sentence on counts 2 and 3 was imposed and stayed under section 654. Spencer contends the judgment should be reversed because the trial court erroneously: (1) denied his Batson/Wheeler motion[; (2) failed to instruct sua sponte regarding self defense; and (3) admitted into evidence, over his objection, testimony by Spencer's neighbor that she saw Spencer with a firearm approximately one month before he committed the charged crimes. Court affirm.
Comments on P. v. Spencer