P. v. Cunningham
Defendant Charles Kevin Cunningham killed John Finley Scott after Scott confronted him about forging checks on Scotts accounts. At the time of trial, Scotts body was still missing. A jury found defendant guilty of first degree murder, grand theft, two counts of felon in possession of a firearm, and possession of ammunition. It also found he had served two prior prison terms. The court sentenced him to an indeterminate prison term of 25 years to life and a determinate prison term of six years four months. Defendant appeals, raising the following five contentions: (1) the court erred in failing to conduct a hearing on the admissibility of testimony of two bank employees, and counsel was ineffective; (2) the court erred in admitting evidence of his parolee status; (3) there was insufficient evidence of first degree murder; (4) the court erred in failing to instruct on voluntary manslaughter; and (5) the court erred in failing to stay one of his sentences for felon in possession of a firearm. Finding no merit in these contentions, Court affirm the judgment.
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