P. v. Gray
Darrell Martin Gray appeals from a judgment after a jury convicted him of special circumstances first degree murder, shooting at an occupied motor vehicle, conspiracy to commit murder, three counts of premeditated and deliberate attempted murder, and street terrorism, and found true he committed the offenses for the benefit of a criminal street gang, and he was a gang member who vicariously discharged a firearm and caused great bodily injury. Gray argues his defense counsel, who has since been disbarred, was ineffective and the prosecutor committed multiple instances of misconduct. As we explain below, we conclude Gray’s defense counsel was ineffective but Gray was not prejudiced. We also conclude the prosecutor committed one instance of misconduct but again Gray was not prejudiced. We affirm the judgment.
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