P. v. Blackmon
A jury convicted appellant Theodore Blackmon, Jr. of murder (Pen. Code, 187, subd. (a); count 1),[1]attempted murder ( 664, 187, subd. (a); count 2), and being a convicted felon in possession of a firearm ( 12021, subd. (a)(1); count 3). The jury found true a gang-murder special circumstance allegation attached to count 1 ( 190.2, subd. (a)(22)), allegations attached to counts 1 and 2 that the crimes were committed with deliberation and premeditation ( 189) and by personal use of a firearm ( 12022.53, subd. (d); count 1, 12022.53, subd. (c); count 2), and an allegation attached to all counts that the crimes were committed for the benefit of a criminal street gang ( 186.22, subd. (b)(1)). On appeal, Blackmon contends his convictions must be reversed because there was insufficient evidence he was the person who committed the crimes and the trial court erred when it denied his motion for a new trial. Blackmon also contends the trial court committed the following sentencing errors: (1) imposing section 667, subdivision (a) and 667.5, subdivision (b) status enhancements on count 1; (2) the clerks minutes and abstract of judgment reflect imposition of three section 667.5, subdivision (b) enhancements based on his 2004 prison commitment that the court imposed and then struck; and (3) miscalculating his net prison commitment on count 3. As we shall explain, we find there is substantial evidence to support his conviction and the trial court did not err in denying his new trial motion. Court also find no merit to his claims of sentencing error. Court did find, however, an error in the clerks minutes with respect to sentencing and will order correction of the minutes to correspond with the trial courts oral pronouncement of sentence.
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