P. v. Zimmerman
A jury found defendant Kenneth John Zimmerman not guilty of first degree murder, but guilty of the second degree murder of his neighbor John O’Sullivan. ( ADDIN BA xc <@ost> xl 9 s DBOXSL000041 xpl 1 l "Pen. Code" Pen. Code, ADDIN BA xc <@osdv> xl 16 s DBOXSL000043 l "§ 187, subd. (a)" § 187, subd. (a).)[1] The jury also found true allegations that in the commission of the murder defendant intentionally and personally discharged a firearm, namely a .25-caliber Raven Arms handgun, causing great bodily injury and death to O’Sullivan within the meaning of ADDIN BA xc <@osdv> xl 33 s DBOXSL000044 l "section 12022.53, subdivision (d)" section 12022.53, subdivision (d), and personally used a firearm within the meaning of ADDIN BA xc <@osdv> xl 35 s DBOXSL000045 l "section 12022.5, subdivision (a)(1)" section 12022.5, subdivision (a). The jury found defendant not guilty of making criminal threats against O’Sullivan’s wife, and was unable to reach a unanimous verdict on a charge that defendant falsely imprisoned her. The prosecution dismissed the false imprisonment charge in the furtherance of justice.
The trial court sentenced defendant to an aggregate term of 40 years to life in state prison, consisting of 15 years to life for second degree murder, and a consecutive 25 years to life on the ADDIN BA xc <@osdv> xl 33 s DBOXSL000046 l "section 12022.53, subdivision (b)" section 12022.53, subdivision (d), enhancement. Defendant’s sentence on the ADDIN BA xc <@$osdv> xl 35 s DBOXSL000045 section 12022.5, subdivision (a), enhancement was stayed.
Defendant appeals, contending the trial court committed various evidentiary and instructional errors. Having reviewed the record, we shall conclude defendant’s contentions lack merit, and that any potential errors were harmless. Accordingly, we shall affirm the judgment.
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