P. v. Smith
Following a jury trial, defendant Tom Smith was convicted of first degree murder (Pen. Code,[1] § 187, subd. (a); count 1); assault by means likely to produce great bodily injury (§ 245, subd. (a)(1); count 2); dependent adult abuse (§ 368, subd. (b)(1); count 3); conspiracy to commit murder (§ 182, subd. (a)(1); count 4); custodial possession of a weapon (§ 4502, subd. (a); count 5); custodial manufacture of a weapon (§ 4502, subd. (b); count 6); and misdemeanor damaging prison property (§ 4600, subd. (a); count 7). The jury further found true the enhancement allegations that, as to count 2, defendant inflicted great bodily injury within the meaning of §§ 12022.7, subdivision (a), and 1192.7, subdivision (c)(1)(8), and as to count 3, defendant proximately caused the death of a victim over the age of 50 (§ 368, subd. (b)(3)(A)). In a bifurcated proceeding, the trial court found six prior conviction allegations to be true and granted the prosecution's motion to amend the information to conform to proof. Defendant was sentenced to state prison for a term of 168 years to life. He appeals, raising claims of ineffective assistance of counsel, sentencing error, and procedural error.
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