P. v. Kelley
Nicholas Coston Kelley appeals his conviction for first degree murder. (Pen. Code, 187/189.)[1] The jury found true allegations that he personally discharged a firearm causing death ( 12022.53, subds. (b)-(d)), and that the murder was committed for the benefit of, and in association with, a criminal street gang ( 186.22, subd. (b)(1)(A)). Kelley was sentenced to 50 years to life, consisting of 25 years to life for the murder, and 25 years for the section 12022.53, subdivision (d) enhancement. Sentences on the other enhancements were stayed. ( 654.) Kelley claims prejudicial error in the admission of character and opinion evidence and the exclusion of evidence supporting his defense. He also claims the trial court erred in determining custody credits. Court order a modification of the abstract of judgment to reflect the correct custody credits. Otherwise, Court affirm.
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