P. v. Taylor
Randall Smith Taylor appeals from the judgment entered upon his convictions by jury of first degree murder with the lying in wait special circumstance (Pen. Code, 187, subd. (a), 190.2, subd. (a)(15), count 1)[1]and attempted willful, deliberate and premeditated murder ( 664, 187, subd. (a), count 2).[2] The jury found the special-circumstance allegation and the firearm allegations within the meaning of section 12022.53, subdivisions (b), (c) and (d) to be true. The trial court sentenced appellant to life without the possibility of parole on count 1 and to a consecutive life term on count 2. To each count, it added a term of 25 years to life for the firearm enhancement in section 12022.53, subdivision (d). Appellant contends that (1) there is insufficient evidence to support his convictions, (2) the trial court erred in failing to grant his motion for new trial made on the ground that the jury conducted its own investigation, and (3) the evidence offered by the eyewitnesses was so unreliable that it should have been stricken from the record. Court affirm.
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