P. v. DeLara
A jury found defendant guilty of first degree murder. (Pen. Code, 187, subd. (a).) The jury also found true the enhancement allegations that he personally and intentionally discharged a firearm causing death ( 12022.53, subd. (d) & 1192.7, subd. (c)(8)) and personally used a firearm in the commission of the murder ( 12022.5, subd. (a) & 1192.7, subd. (c)(8)). The court imposed a total indeterminate term of 50 years to life in state prison.
On appeal, defendant argues that: (1) the trial court failed to instruct the jury on accomplice testimony; and (2) the court was required to strike the section 12022.5, subdivision (a), enhancement. Court disagree and affirm.
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