P. v. Adams
After a jury found defendant Darrell Edward Adams guilty of premeditated attempted murder and of illegally possessing a firearm and ammunition, and the jury and the trial court found enhancement allegations true, defendant successfully appealed from his judgment of conviction on the ground the victim’s preliminary hearing testimony was erroneously admitted into evidence. Following retrial, the jury found defendant guilty of the charged offenses and found defendant acted willfully, deliberately and with premeditation and personally used a firearm. The trial court found the alleged prior conviction and prison term enhancement allegations true.
Defendant contends that during the retrial, the court erred by failing to instruct the jury, sua sponte, on the defense theory of third party culpability. He argues, in the alternative, that his trial counsel was ineffective for failing to request such an instruction. Defendant also asserts the trial court erred by (1) failing to stay execution of punishment for the illegal possession of a firearm offense, under Penal Code section 654;[1] (2) penalizing defendant for exercising his right to appeal the original judgment by imposing a greater sentence than what had been imposed following his first trial; and (3) issuing a minute order and an abstract of judgment that did not reflect the court’s oral pronouncement of sentence as to the term imposed for the prior prison term enhancement found true by the court.
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