P. v. Afamasaga
A jury convicted defendant Aukusitino Jesus Afamasaga of second degree murder (Pen. Code, 187, subd. (a)) and assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)).[1] The jury also found true the allegation that defendant had suffered a prior serious felony conviction. ( 667, subds. (a)(1), (b)-(i)). The trial court sentenced defendant to an indeterminate term of 30 years to life for the second degree murder and imposed a consecutive, determinate term of eight years, comprised of three years for the assault and five years for the prior conviction enhancement. Defendant raises numerous claims on appeal, including instructional and evidentiary errors, as well as prosecutorial misconduct, ineffective assistance of counsel and sentencing error. Defendant further claims that the trial court violated his due process right to a fair trial by authorizing a bailiff to stand near him during his testimony. Finding no reversible error, Court affirm the judgment.
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