P. v. Roberts CA5
Deshawn Marques Roberts (defendant) stands convicted, following a jury trial, of premeditated attempted murder in which a principal intentionally and personally discharged a firearm, proximately causing great bodily injury (Pen. Code, §§ 187, subd. (a), 189, 664, 12022.53, subds. (d) & (e)(1); count 1), permitting another person to discharge a firearm from a vehicle (§ 26100, subd. (b); count 2), being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 3), carrying a concealable firearm in a vehicle while an active participant in a criminal street gang, and being an active participant in a criminal street gang. Defendant was sentenced to a total unstayed prison term of life with the possibility of parole.On appeal, we hold
1) The prosecutor did not commit prejudicial misconduct; (2) Defendant is not entitled to reversal on the ground of trial court bias; and (3) Defendant’s statements to police were prope properly admitted. Accordingly, we affirm.
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