P. v. Reynolds
A jury convicted Charles Michael Reynolds of first degree murder, premeditated attempted murder, two counts of robbery and active participation in a criminal street gang. The jury also found true allegations Reynolds committed the murder during a robbery and while being an active participant in a criminal street gang, vicariously discharged a firearm causing great bodily injury and death, and committed all crimes for the benefit of, at the direction of, or in association with the Rollin 20’s criminal street gang. The trial court sentenced Reynolds to life without the possibility of parole for the murder, plus 25 years for vicarious use of a gun, imposed concurrent prison terms for the attempted murder and robberies, and stayed imposition of sentence for active participation in a criminal street gang pursuant to Penal Code section 654.
Reynolds argues the trial court violated his state and federal Constitutional right to due process of law by admitting an in-court eyewitness identification which was the result of an impermissibly suggestive photographic lineup introduced in a codefendant’s earlier trial.[1] He also asserts the trial court prejudicially erred by not giving CALCRIM No. 240 on causation. We find no error on either point and affirm.
Comments on P. v. Reynolds