P. v. Tolano CA2/5
A jury convicted defendant and appellant Anthony Tolano of first degree murder (Pen. Code, § 187, subd. (a) ) and possession of a firearm by a felon (§ 29800, subd. (a)(1)); it found true the allegation that defendant personally and intentionally discharged a firearm causing great bodily injury and death (§ 12022.53, subd. (d)). The trial court sentenced defendant to 50 years to life in state prison. On appeal, defendant challenges as unconstitutional three CALCRIM jury instructions that address post-offense conduct that might show an awareness of guilt. We affirm.
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