P. v. Smith
Coleman Kenyatta Smith appeals the judgment entered following his conviction by jury of first degree murder in which he personally discharged a firearm causing death. (Pen. Code, §§ 187, subd. (a), 12022.53, subd. (d).) The trial court found Smith had a prior serious felony conviction within the meaning of Penal Code section 667, subdivision (a) and sentenced him to a term of 55 years to life in state prison.
Smith contends the prosecutor engaged in prejudicial misconduct during argument and defense counsel rendered ineffective assistance in failing to object. We reject these contentions but modify the judgment to reflect imposition of a
five-year enhancement pursuant to Penal Code section 667, subdivision (a), rather than section 667.5, subdivision (a). As so modified, the judgment is affirmed.
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