P. v. Payne CA2/7
A jury found Kevin Anthony Payne, Jr., guilty on four counts of attempted murder, two counts of shooting at an occupied vehicle and several related weapons offenses based primarily on surveillance videos showing him firing multiple shots at two individuals standing near a liquor store and into a bystander’s SUV. On appeal he contends the trial court erred by permitting the investigating officer to identify him as the shooter as the surveillance videos were shown to the jury. He also argues the court committed other evidentiary error, the prosecutor engaged in prejudicial misconduct during closing argument, defense counsel provided constitutionally ineffective assistance and he was improperly deprived of the advice of standby counsel while representing himself at his preliminary hearing. Finally, he contends he was wrongly convicted on two counts of shooting at an occupied vehicle based on a single shot.
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