P. v. Odom CA1/5
A jury convicted Calvin Earl Odom of second degree murder (Pen. Code, § 187, subd. (a)) and possession of firearm by a felon (§ 29800, subd. (a)(1)). The jury found true the allegation that during the murder Odom personally and intentionally discharged a firearm causing great bodily injury and death. The trial court sentenced Odom to 40 years to life in prison, which included 25 years to life for the firearm enhancement (§ 12022.53, subd. (d)).
On appeal, Odom contends the court erred by instructing the jury with CALCRIM No. 315, on eyewitness identifications. We disagree and affirm Odom’s conviction. We remand for the limited purpose of allowing the trial court to exercise its discretion under section 12022.53, subdivision (h) (section 12022.53(h)).
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