P. v. Withers CA4/1
A jury convicted Destin Lee Withers of first degree murder for the 2008 homicide of Randy V. and for being a felon in possession of a firearm. The court then sentenced Withers to life in prison without parole. (Pen. Code, §§ 187, subd. (a), former 12021, subd. (a)(1). ) On appeal, Withers argues the court allowed improper lay opinion testimony from a jailhouse informant regarding whether Withers was joking or sincere when he wrote, "I just admitted to killing Randy☺?" Withers also challenges the sufficiency of the evidence of premeditation and deliberation to support his first degree murder conviction and argues the court was required to give a unanimity instruction on the firearm possession count as to which firearm he possessed. Rejecting each of these contentions, or finding any error harmless, we affirm the judgment.
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