P. v. Lipscomb
Defendant Kevin Lipscomb drove down Townsend Street in San Francisco and, without any provocation, shot and seriously injured a stranger who was standing on the sidewalk. He fled the scene in his car but was soon spotted by a number of San Francisco police officers, who began a pursuit. Defendant led them on a high-speed chase through the city streets, eventually abandoning his car to flee on foot when he became stuck in traffic. He was apprehended in an abandoned building and arrested. Following a jury trial in which defendant was convicted of multiple charges, the trial court sentenced him to 67 years to life.
Defendant now challenges his conviction on the ground that the victim’s identification of him as the shooter was obtained in what he claims was an unduly suggestive manner. He contends that his trial counsel’s failure to move to strike the identification constituted ineffective assistance, and that admission of the evidence violated his federal and state rights to due process. He also contends that a $27,800 restitution fine imposed by the trial court must be reduced to $10,000, the maximum fine permitted by Penal Code section 1202.4, subdivision (b).[1]
As the People concede, defendant’s argument concerning the restitution fine is well taken, and we order the abstract of judgment amended accordingly. His ineffective assistance of counsel and due process claims, however, lack merit. We thus affirm the judgment, subject to the aforementioned amendment.
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