P. v. McKinley
Appellant Roy McKinley was convicted, following a jury trial, of the first degree murder of Ricky Paxton in violation of Penal Code[1]section 187, subdivision (a), the count of attempted murder of Harvey Davis in violation of sections 664 and 187, possession of a firearm by a felon in violation of section 12021, and shooting at an occupied vehicle in violation of section 246. The jury found true the allegations that appellant personally discharged a firearm in the commission of the murder and attempted murder within the meaning of section 12022.53, subdivisions (b) through (e), and suffered two prior felony convictions for which he served a prison term within the meaning of section 667.5, subdivision (b). The jury also found true the allegation that the crimes were committed for the benefit of a criminal street gang within the meaning of section 186.22. The trial court sentenced appellant to 25 years to life in state prison for the murder conviction, plus 25 years to life for the firearm enhancement pursuant to section 12022.53, subdivision (d). Appellant appeals from the judgment of conviction, contending that the trial court erred in failing to instruct the jury on self-defense, imperfect self-defense and imperfect self-defense of others and failing to suppress appellant's recorded statements made in a jail holding cell. Appellant also contends that the trial court erred in failing to stay his sentence for shooting at an occupied vehicle pursuant to section 654. Respondent contends that the abstract of judgment should be corrected to reflect the trial court's imposition of $80 in court security fee. Court order the abstract corrected to show these security fees and affirm the judgment of conviction in all other respects.
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