P. v. Dixon CA1/4
A jury found defendant Robert Joe Dixon, Jr. guilty of multiple felonies committed over the course of two days, with various firearms enhancements. Defendant seeks review of his judgment of conviction, contending: that the trial court abused its discretion in denying his request to discharge a juror and in denying his motion for a new trial based on juror misconduct; there was insufficient evidence to support his convictions on the second and third counts for first degree murder and premeditated attempted murder, respectively, and also insufficient evidence to convict him of committing both counts simultaneously; the jury instruction on the “kill zone” theory of attempted murder was legally erroneous; and it was a legal error to apply a firearm enhancement on the fifth count. We modify the judgment to strike the referenced firearm enhancement and otherwise affirm the judgment.
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