P. v. Kelly
Filed 7/25/06 P. v. Kelly CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. JERRY LEE KELLY, Defendant and Appellant. | B181975 (Los Angeles County Super. Ct. No. MA029328) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa M. Chung, Judge. Affirmed in part, reversed in part, and remanded.
Mark D. Lenenberg, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General and Jack Newman, Deputy Attorney General, for Plaintiff and Respondent.
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Jerry Lee Kelly appeals from his conviction by jury verdict of murder. He cites multiple acts of prosecutorial misconduct; challenges the sufficiency of the evidence to support a criminal street gang enhancement; claims evidentiary error; and contends there was instructional error. We find no misconduct, evidentiary error, or instructional error. There is insufficient evidence to support the criminal street gang enhancement and we therefore reverse the true finding on that enhancement and remand for resentencing.
FACTUAL AND PROCEDURAL SUMMARY
Appellant attended a large party in Lancaster in May 2004. After midnight, appellant announced that he could not find his cell phone. The party stopped while he searched for the phone. He was angry, and yelled â€
