P. v. Duffey and Cartlidge
A jury convicted defendants Neil Deontrai Duffey and William Deshawn Cartlidge of two counts of attempted premeditated murder (Pen. Code, §§ 187, 664, subd. (a); all further statutory citations are to the Penal Code), and two counts of second degree robbery (§ 211). The jury also found Duffey personally discharged a firearm inflicting great bodily injury (§§ 12022.53, subd. (d), 12022.7), and Cartlidge was armed with a firearm (§ 12022, subd. (a)(1)).
Duffey contends the prosecutor committed misconduct when she violated a pretrial ruling and elicited testimony from a prosecution investigator suggesting Duffey was one of the suspects in a surveillance video of the robbery. Cartlidge contends the trial court abused its discretion and denied him due process by declining to sever his trial from Duffey’s, and erred by failing to instruct the jury on premeditation and the theory of natural and probable consequences for the attempted murder charges. Both defendants challenge the sufficiency of the evidence to support the robbery conviction involving one of the victims. For the reasons expressed below, we affirm the judgment.
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