P. v. Conway CA6
Defendant Scott Michael Conway, Jr., appeals from a judgment entered after a jury found him guilty of attempted murder (Pen. Code, §§ 664, 187; count 4), two counts of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4); counts 2, 5), and active participation in a criminal street gang (§ 186.22, subd. (a); count 3). The jury also found true gang enhancement allegations under section 186.22, subdivision (b)(1) on the attempted murder and assault counts.
Defendant originally contended: (1) the jury instructions on murder and attempted murder misled the jury on the necessary mental state for attempted murder; (2) the prosecutor committed misconduct when he misstated the elements of attempted murder during argument; (3) the trial court erred when it removed a juror without good cause; (4) the trial court erred when it instructed the jury that it could consider the certainty of the eyewitnesses who identified him; (5) the trial court erred when it denied
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