P. v. Fair CA3
Defendant Joseph Douglas Fair was found guilty by jury of attempted premeditated murder (Pen. Code, §§ 664/187, subd. (a)) and assault with a firearm (§ 245, subd. (a)(2)), with enhancements for personally discharging a firearm resulting in great bodily injury, personally inflicting great bodily injury resulting in paralysis, and participating in a street gang. The trial court sustained two prior prison term allegations (§ 667.5, subd. (b)) and sentenced defendant to 40 years to life plus two years in state prison.
On appeal, defendant contends the trial court prejudicially erred when it permitted a police sergeant to identify him in a surveillance video. He also seeks remand based on a change in the law regarding the firearm enhancements attached to his convictions. The Attorney General agrees that remand is required on the second basis. We agree and shall remand on that basis but otherwise affirm.
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