P. v. Foster
Appellant Derrick Foster was convicted, following a jury trial, of one count of first degree murder in violation of Penal Code[1]section 187, subdivision (a) and one count of assault with a deadly weapon in violation of section 245, subdivision (a)(1). The jury found true the allegations that appellant personally used a knife during the commission of the murder within the meaning of section 12022, subdivision (b)(1) and personally inflicted great bodily injury within the meaning of section 12022.7, subdivision (a). The trial court sentenced appellant to a term of five years plus a 25 year to life term in state prison. Appellant appeals from the judgment of conviction, contending that there is insufficient evidence to support his murder conviction, and further contending that the trial court erred in admitting evidence of knives and the prosecutor committed misconduct. Court affirm the judgment of conviction.
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