P. v. Brooks
A jury convicted defendant Pharaoh Elisha Brooks of attempted willful, deliberate, and premeditated murder (Pen. Code, 664, 187),[1]residential burglary ( 459), and assault by means of force likely to cause great bodily injury ( 245, subd. (a)(1)). The jury also found true allegations of infliction of great bodily injury ( 12022.7, subd. (a)) as to each count. On appeal, defendant contends that (1) insufficient evidence supported the attempted murder conviction, (2) the trial court erred in responding to the jurys request for a read back of testimony, (3) the jury should have been instructed on voluntary manslaughter, (4) CALCRIM No. 600 misinstructed the jury that it could infer that a direct step toward commission of murder indicated the requisite intent to kill, (5) the trial court abused its discretion in denying a continuance for defense counsel to locate a missing alibi witness, (6) the prosecutor committed misconduct by questioning witnesses about evidence not admitted at trial, and (7) the trial court should have stayed the sentence for burglary because it was part of an indivisible course of conduct in the commission of the attempted murder.
Court shall order the sentence for the burglary conviction stayed pursuant to section 654. In all other respects, Court shall affirm the judgment.
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