P. v. Turner
Matthew Thomas Turner appeals the judgment entered following his conviction by jury of murder and attempted murder in which he personally discharged a firearm causing death or great bodily injury and acted for the benefit of a criminal street gang. (Pen. Code, §§ 187, subd. (a), 664, 12022.53, subd. (d), 186.22, subd. (b)(1)(C).) The jury also convicted Turner of possession of a firearm by a minor for the benefit of a criminal street gang. (Former Pen. Code, § 12101, subd. (a)(1); § 186.22, subd. (b)(1)(A).)[1]
Turner’s first trial ended in a mistrial after the jury was unable to reach a verdict. Upon retrial, Turner was found guilty as charged. Turner retained new counsel and filed a motion for new trial. After conducting an extended evidentiary hearing, the trial court denied the motion. On appeal, Turner contends the trial court abused its discretion in admitting evidence of statements the surviving victim made to his friend at the hospital, the trial court erroneously denied the motion for new trial and defense counsel rendered ineffective assistance in numerous respects. We reject these contentions and affirm the judgment.
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