P. v. Phillips
A jury convicted appellant Dwan Anwar Phillips of the first degree murder of Mark Cotton and found true special allegations that during the commission of that offense, he had personally used a firearm, had personally and intentionally discharged a firearm and had personally and intentionally discharged a firearm causing great bodily injury and death. (Pen. Code, 187, subd. (a), 12022.53, subds. (b), (c) and (d).) The trial court sentenced appellant to prison for 25 years to life on the murder count plus 25 years to life for the allegation that he had personally and intentionally discharged a firearm causing great bodily injury or death, staying the sentence on the remaining firearm allegations.
Appellant contends the trial court committed prejudicial error in admitting over a hearsay objection evidence of a telephone call the victim made to his mother shortly before the shooting. He also argues that the court should have stricken the two lesser firearm allegations rather than merely staying the sentences on them. Court affirm.
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