P. v. King
Appellant Alonzo Deon King appeals from his conviction of two counts of second degree murder (Pen. Code, 187, subd. (a)),[1]and one count of possession of a firearm by a felon. ( 12021, subd. (a)(1).) The jury found firearm and gang enhancements to be true. ( 12022.53, subds. (b)-(d); 186.22, subd. (c).) Appellant argues that the cumulative effect of several errors at trial resulted in prejudice, requiring reversal. The asserted errors are: (1) admission of evidence lacking foundation; (2) admission of impermissible expert testimony; (3) impeachment of appellant by the fact of previous arrests; and (4) faulty jury instructions. Upon review of the record we find that some errors were made but that, individually or cumulatively, they did not result in prejudice in light of the overwhelming evidence of appellants guilt. Appellant also argues, and respondent agrees, that the trial court erred in its imposition of 10 year sentences for each gang enhancement, and failed to impose and stay 20 year firearm enhancements pursuant to section 12022.53, subdivision (c). We modify the sentence to strike the 10 year gang enhancements, impose a 15 year minimum parole eligibility for each count, and impose and stay 20 year and 10 year firearm enhancements for each count.
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