P. v. Long CA2/7
A jury convicted Brian Kirk Long of one count of willful, deliberate and premeditated murder and five counts of assault with a firearm and found true specially alleged firearm and criminal street gang enhancements. On appeal Long contends the trial court erred by giving irrelevant and misleading jury instructions, permitting the prosecution to amend the information after the close of evidence to charge five counts of aggravated assault as lesser related offenses of attempted murder and preventing defense counsel from asking a proper hypothetical question during cross-examination of the prosecution’s gang expert. He also contends his aggravated assault convictions were not supported by substantial evidence and his counsel was constitutionally ineffective. We modify the judgment to correct an unauthorized sentence and affirm the judgment as modified.
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