P. v. Lunsford
Defendant (Lunsford) was found guilty after a jury trial of first degree murder and conspiracy to commit murder. (Pen. Code, 187, subd. (a), 182, subd. (a)(1).) The jury also found that Lunsford committed the murder while armed with a firearm (Pen. Code, 12022, subd. (a)(1)), and lying in wait for the victim. (Pen. Code, 190.2, subd. (a)(15).) Lunsford was sentenced to life without possibility of parole on the murder conviction, and 15 years to life on the conspiracy conviction.
Lunsford has two main contentions on appeal: that the prosecutor was guilty of prejudicial misconduct in closing argument, and that prejudicial error resulted from the use of a jury instruction regarding fabrication of evidence by a third party (CALJIC No. 2.05). Court affirm the judgment.
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