P. v. Walton CA2/5
Defendant Donnie Lee Walton, Jr. was convicted of two counts of murder and two counts of being a felon in possession of a firearm. On appeal, he contends the prosecutor used an impermissibly suggestive pretrial photographic identification procedure that tainted his in-court identification of defendant; testimony from the prosecution’s gang expert improperly included case-specific testimonial hearsay; the prosecution’s gang expert improperly testified about defendant’s guilt, motive, and intent; the trial court imposed unauthorized sentences on defendant’s murder convictions when it sentenced him to six terms of life without the possibility of parole; and the trial court should have stayed the imposition of sentence on the Penal Code section 12022.53, subdivisions (b) and (c) enhancements under section 12022.53, subdivision (f) rather than under section 654.
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