P. v. Davis
A jury convicted Bernard Davis of second degree murder (Pen. Code,[1] 187, subd. (a)) and found true firearms allegations within the meaning of section 12022.53, subdivision (d), personal and intentional discharge of a firearm causing death, and section 12022.5, subdivision (a), personal use of a firearm in the commission of a felony. Davis admitted a prison prior. The trial court sentenced him to a prison term of 40 years to life and imposed an additional one year for the prior prison term enhancement. On appeal, Davis argues the jury committed misconduct in conducting an experiment contrary to its instructions and the court abused its discretion in denying his motion for a new trial based on that misconduct. Court conclude the experiment was within the line of evidence presented, and thus there was no jury misconduct. Accordingly, Court affirm.
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