P. v. Waight
A jury found defendant guilty of robbery (Pen. Code, 211)[1]and assault with a firearm ( 245, subd. (a)(2)). A jury also found true the allegations that defendant personally used a firearm during the commission of the robbery and assault. ( 12022.5, subd. (a), 12022.53, subd. (b).) The court sentenced defendant to 13 years in state prison. Defendant makes four contentions. First, the trial court abused its discretion by excluding third party culpability evidence. Second, the court excluded evidence of the detectives decision to use a photographic lineup rather than a live lineup, which was also an abuse of discretion. Third, there is a lack of substantial evidence to support the finding that defendant personally used a firearm. ( 12022.5, subd. (a), 12022.53, subd. (b).) Fourth, there is insufficient evidence to establish that defendant committed assault with a firearm. ( 245, subd. (a)(2).) Court disagree with all of defendants arguments and affirm.
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