P. v. Myers
Mark Myers appeals from the judgment entered following a jury trial in which he was convicted of murder, three counts of home invasion robbery, attempting to dissuade a witness, and conspiracy to dissuade a witness. The jury also found true the special circumstance that the murder was committed during a robbery and further found that all counts except conspiracy were committed for the benefit of a criminal street gang and that a principal personally and intentionally discharged a firearm, causing death. Defendant contends (1) the special circumstance finding should be reversed based on failure to instruct on a required element and (2) the gang and weapons findings should be reversed based on improper admission of hearsay evidence and alternatively for ineffective assistance of counsel. Court affirm.
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