P. v. Lyons
A jury convicted Gary Bruce Lyons of first degree murder (Pen. Code,[1] 187) and found true allegations the murder was committed by lying in wait ( 190.2, subd. (a)(15)), and he personally and intentionally discharged a firearm causing death ( 12022.53, subd. (d)). The trial court sentenced Lyons to prison for life without the possibility of parole consecutive to a 25 year to life term for the firearm enhancement.
Lyons appeals, contending the trial court committed prejudicial error by admitting into evidence an audiotape of a jail phone call under Evidence Code section 1230 (declaration against penal interest exception to hearsay rule) because the declarant was not shown to be unavailable, in instructing the jury under erroneous CALCRIM jury instructions (CALCRIM Nos. 200, 220, 370, 521, 728), and in failing to instruct under other jury instructions (CALCRIM Nos. 640/641, 416, 418, 316). Lyons additionally asserts the prosecutor committed 22 instances of misconduct, which considered together, denied him due process and a fair trial, and claims his trial counsel provided ineffective assistance by failing to object to certain evidence, by failing to impeach several witnesses, by failing to request certain instructions or modifications to instructions, and by failing to object to the prosecutor's misconduct during closing argument. Court find no prejudicial error on this record and affirm.
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