P. v. Gama
A jury convicted defendant Richard Gama of second degree murder (Pen. Code, 187, subd. (a), 189)and found that he used, and intentionally and personally discharged, a firearm in the commission of the offense ( 12022.53, subd. (d)). He was sentenced to state prison for 40 years to life, consisting of 15 years to life for the murder plus 25 years to life for the firearm enhancement.
On appeal, defendant contends his trial counsel rendered ineffective assistance by (1) failing to interview and present several witnesses in his defense, (2) failing to object to the introduction of his recorded telephone call with a detective in the prosecutions case in chief, and (3) calling a defense witness whose vulnerability to prosecution impeachment had been known in advance. Court affirm the judgment.
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