P. v. Phillips
Defendant and appellant Torey Javon Phillips was convicted of one count of shooting at an occupied vehicle (Pen. Code, 246)[1]and three counts of assault with a semi-automatic firearm ( 245, subd. (b)). He was sentenced to a prison term of 30 years to life after the jury found that he personally and intentionally discharged a firearm, causing great bodily injury ( 12022.53, subd. (d)). He appeals, contending he was denied a fair trial because a juror had to be excused for bias on the second day of trial due to alleged misconduct by a police officer witness and the prosecutor. Defendant also contends, and the People concede, that the trial court improperly imposed and stayed a section 12022.5, subdivision (a) firearm use enhancement. Because the record does not support defendants allegation of misconduct, Court order that the firearm use enhancement be stricken as to count 1, but otherwise affirm the judgment as modified.
Comments on P. v. Phillips