P. v. Jones
A fight broke out at a bar in Stockton, followed by shooting in the parking lot that killed two people. Thereafter defendant shot and seriously wounded Dewayne Jackson; he aimed and fired a gun at Ronnie Franklin, but the gun did not discharge. In the first trial, a jury convicted defendant of being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)), and defendant admitted he had a prior serious felony conviction (Pen. Code, 667, subds. (a) & (b); 1170.12, subd. (b)), and had served a prison term (Pen. Code, 667.5, subd. (b)). In the third trial, after two mistrials for hung juries, the jury convicted defendant of two counts of attempted murder. (Pen. Code, 664, 187.) As to count one, the jury found true allegations that defendant personally and intentionally fired a firearm and inflicted great bodily injury. (Pen. Code, 12022.53, subds. (b), (c), & (d); 12022.7, subd. (b).) As to count two, the jury found true that defendant personally used a firearm. (Pen. Code, 12022.53, subd. (b).) The trial court found true allegations defendant had a prior conviction. Defendant was sentenced to 30 years to life plus life in prison with the possibility of parole. On appeal, defendant contends the trial court erred in admitting evidence he was a gang member and abused its discretion in limiting the cross-examination of victim Franklin. He contends there was insufficient evidence of attempted murder of Franklin. He further contends it was error to allow the jury to use a magnifying glass and not to allow the jury to view the crime scene. Court find no prejudicial error and affirm.
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