P. v. McDowell
Appellant was convicted by jury of first degree murder (Pen. Code, 187, subd. (a)),[1]attempted robbery ( 664, 211), and burglary ( 459). The jury found true two special circumstance allegations, that the killing was committed during the commission of the attempted residential robbery, and during the commission of a residential burglary. ( 190.2, subd. (a)(17).) Allegations that a principal was armed during the commission of these offenses,[2] ( 12022, subd. (a)(1)) and that appellant personally used a deadly weapon, a knife ( 12022, subd. (b)(1)), were also found to be true. The court separately found that appellant had suffered a prior serious felony conviction under sections 667, subdivision (a)(1) and 1170.12. Appellant was sentenced to a term of life without possibility of parole, with additional consecutive terms for use of a deadly weapon and for the prior serious felony conviction. He appeals, contending that the testimony of two eyewitnesses, identifying him as one of two assailants, should have been excluded by the trial court, and that he was deprived of due process of law by the admission of such evidence. Court find no error and will affirm.
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