P. v. Dalton
In March 2011, defendant Alvin Dalton shot his next door neighbor, Danetta H., and her two teenage children, Dazhane H. and Dezmon H., after intervening in a physical altercation involving defendantʼs girlfriend, Lora White. As a result of the shooting, Danetta died from a gunshot wound to the head, Dazhane suffered serious injuries requiring surgery, and Dezmon suffered superficial injuries.
After defendantʼs first trial ended in a mistrial, a second jury convicted him of one count of second degree murder (Pen. Code,[1] § 187; count 1) and two counts of unpremeditated attempted murder (§§ 187, 664; counts 2 & 3). The jury found true the allegations that defendant personally used a handgun in the commission of each count (§ 12022.5, subd. (a)) and that he intentionally discharged a firearm in the commission of each count, causing death or great bodily injury in counts 1 and 2 (§ 12022.53, subds. (c); count 3, (d); counts 1 & 2). The jury also found true the allegation that defendant inflicted great bodily injury in the commission of count 2 (§ 12022.7, subd. (a).) Defendant was sentenced to an aggregate term of 83 years to life.
On appeal, defendant contends: (1) the prosecutor committed prejudicial misconduct in closing argument by misstating the law regarding heat of passion; (2) the trial court erred by failing to instruct the jury that the enhancement allegations required proof of the union of act and intent; (3) the trial court erred in imposing a $296 probation report fee without first making a determination of defendantʼs ability to pay; and (4) the trial court erred in imposing a $10,000 restitution fine. Defendant also raises ineffective assistance of counsel claims in connection with each of his contentions. We affirm.
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