P. v. Smith CA1/2
A jury found defendant Donte Marquee Smith guilty of first-degree murder with the special circumstance of discharging a firearm from a motor vehicle, attempted murder, and shooting at an occupied motor vehicle.
Defendant contends the trial court erred in admitting evidence that gun paraphernalia unrelated to the murder was found in his room months before the shooting. He also claims certain sentencing errors and identifies errors in the abstract of judgment. The Attorney General concedes the prison term imposed for shooting at an occupied motor vehicle must be stayed under Penal Code section 654 and the abstract of judgment must be amended.
Accepting the Attorney General’s concessions, we will modify the judgment, and otherwise affirm.
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