P. v. Millner
A jury convicted defendant James William Millner of second degree murder and attempted murder, and found he personally used and intentionally discharged a firearm, and caused great bodily injury during the attempted murder. (Pen. Code, 187, 664, 12022.5, subd. (a), 12022.7, subd. (a), 12022.53, subd. (d).) The trial court sentenced him to prison for 65 years to life, and he timely appealed. Defendant contends the trial court misinstructed on malice, the prosecutor committed misconduct in argument, and the trial court imposed an unauthorized sentence on count 2, attempted murder. Court accept the Peoples concession that the cause must be remanded for resentencing on count 2, and otherwise affirm.
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