P. v. Robinson
Defendant Dwayne Lavell Robinson (appellant) admitted firing several gunshots into a group of people, killing one and injuring two others, but claimed he acted in self-defense. A jury disagreed, convicting him of second degree murder (Pen. Code, § 187, subd. (a)) and assault with a firearm (id., § 245, subd. (a)(2)), and finding true firearms enhancements (id., §§ 12022.5, subd. (a), 12022.53, subds. (b)-(d), 12022.7, subd. (a)). He now appeals, contending (1) the trial court erroneously denied his motion for a new trial based on a newly-discovered scene in surveillance video footage (footage) of the shooting, (2) aspects of the prosecutor’s closing argument constituted prosecutorial misconduct, (3) the prosecution’s failure to disclose the scene from the footage was a Brady[1] violation, and (4) a ruling precluding the use of two witnesses’ prior convictions under Evidence Code section 1103 was prejudicial error. We reject appellant’s contentions and affirm.
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