P. v. Simpson
Following a jury trial, Lee Wayne Simpson (appellant) was found guilty of the premeditated murder of Daryth Fairbank (Pen. Code, 187, subd. (a)),[1]and being a felon in possession of a firearm ( 12021, subd. (a)(1)). The jury found true the allegation that appellant personally and intentionally discharged a firearm during the commission of the murder ( 12022.53, subd. (d)). In a bifurcated proceeding, the trial court found true the allegations that appellant had a prior strike conviction ( 667, subds. (c)-(j), 1170.12, subds. (a)-(e)); a prior serious felony conviction ( 667, subd. (a)); and served two prior prison terms ( 667.5, subd. (b)).
On appeal, appellant contends there was insufficient evidence to sustain his first degree murder conviction and that the trial court erred when it admitted into evidence a drawing seized from his apartment and when it excluded evidence of the victims alleged prior possession of firearms. Finally, he contends there was cumulative error. Court disagree and affirm.
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