P. v. Petoyan
Defendant was tried three times for the attempted murders of two victims, assault with a firearm, and being a felon in possession of a firearm. The first jury deadlocked. The second jury found defendant guilty of all counts, but the trial court granted a new trial motion. The third jury convicted defendant of all counts, and this appeal followed. Defendant now contends, first, that the prosecutor committed prejudicial misconduct by referring to the outcomes in the first two trials and by implying that evidence had been fabricated. Second, defendant contends that the trial court erred by allowing the prosecutor to amend the information on the eve of trial to allege a gang allegation, which, he further contends, should have been bifurcated for trial and of which there was insufficient evidence. Defendant argues that reversal is required as a result of these cumulative errors. Finally, defendant raises various sentencing errors. Court agree that there were errors in defendants sentence, but Court disagree with defendants other contentions. Court therefore modify the judgment to correct the sentencing errors, but Court otherwise affirm it.
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