P. v. Marshall
Defendant Rudolph Edward Marshall was convicted by jury of two counts of kidnapping with intent to commit robbery (Pen. Code, 209, subd. (b)(1) -- counts 1 and 5),[1]two counts of second degree robbery ( 211 -- counts 2 and 6), two counts of carjacking ( 215, subd. (a) -- counts 3 and 7), two counts of possession of a firearm by a convicted felon ( 12021, subd. (a)(1) -- counts 4 and 9), and one count of assault with a semiautomatic firearm ( 245, subd. (b) -- count 8). As to counts 1, 2, 3, 5, 6, and 7, the jury also found that defendant used a firearm in the commission of those offenses. ( 12022.53, subd. (b).) On count 8, the jury found that defendant used a firearm. ( 1203.06, subd. (a)(1), 12022.5, subd. (a).) Following a waiver of jury trial, the court found defendant had previously been convicted of a serious felony ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that he had served a prior prison term ( 667.5, subd. (b)). Defendant appeals the convictions, contending trial counsel was ineffective for failing to object to consolidation of cases involving separate victims and the trial court prejudicially erred by excluding evidence of third party culpability. Court affirm.
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