P. v. Rogers
After an initial jury deadlocked, a second jury, upon retrial, convicted defendant Christopher Rogers of first degree murder and found he personally discharged a firearm to commit the killing. (Pen. Code, §§ 187, subd. (a), former 12022.53, subd. (d).)
Sentenced to an aggregate state prison term of 50 years to life, defendant appeals. He contends there is insufficient evidence (1) that he was the killer, and (2) that he deliberated and premeditated. He also claims that (3) the prosecutor engaged in prejudicial misconduct during argument, and (4) he is entitled to 10 additional days of presentence custody credit for actual time served. We agree with defendant about the additional custody credit, but disagree on his three other contentions. Consequently, we shall modify the judgment to add the 10 days of credit, and affirm in all other respects.
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