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P. v. Gallardo CA5
A jury convicted appellant Eric Gallardo of second degree murder (Pen. Code, § 187, subd. (a); count 1) for the shooting death of Anthony Leon Jones. The jury found true that (1) appellant intentionally discharged a firearm that proximately caused great bodily injury or death (§ 12022.53, subd. (d)) and (2) appellant personally used a firearm (§ 12022.5, subd. (a)). Appellant received a prison sentence of 15 years to life for the second degree murder, along with a consecutive 25 years to life for the firearm enhancement under section 12022.53, subdivision (d).
Appellant contends that his conviction and the jury’s true findings must be reversed. He raises a series of claims regarding prosecutorial misconduct based on comments made during closing arguments. He also asserts that the trial court erred when it directed the jury, which became deadlocked, to continue its deliberations. We reject these arguments.

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