P. v. Smith
Defendant Kenneth Ray Smith was tried by a jury on three felony counts arising from two separate shooting incidents. As to the first incident, the jury acquitted defendant of the murder of Jeremy Solomon (Pen. Code, § 187, subd. (a), count 1)[1] and the attempted murder of Kevin Randolph (§§ 664, 187, subd. (a), count 2).
As to the second incident, the jury convicted defendant of the first degree murder of Overland Campbell and found true the special circumstance allegation of an intentional killing committed to benefit a criminal street gang. (§§ 187, subd. (a), 190.2, subd. (a)(22), count 3.) It also found true the criminal street gang and firearm enhancement allegations. (§§ 186.22, subd. (b)(1)(C), 12022.53, subds. (c), (d), (e)(1).) The trial court sentenced defendant to prison for life without parole and imposed and stayed the criminal street gang and firearm enhancements.
In his appeal from the judgment, defendant raises issues concerning the erroneous admission of evidence, prosecutorial misconduct, and refusal to sever counts 1 and 2 from count 3. Finding no error, we affirm.
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