P. v. Smith
Defendant appeals from a judgment of conviction in a three-phase jury trial. In the first phase, defendant was convicted of the first degree murder of Anton Douglas (Douglas) and Ryan Logan (Logan) in counts 1 and 2 (Penal Code 187, subd. (a)),[1]with a true finding on the allegation of special circumstance multiple murders ( 190.2, subd. (a)(3)), and possession of a firearm by a felon in count 3 ( 12021, subd. (a)(1)). As to counts 1 and 2, the jury further found true firearm-use allegations under section 12022.53, subdivisions (b) through (d).
In the second phase, as to counts 1 and 2, the jury found a special circumstance based on a prior 1978 first degree murder conviction ( 190.2, subd. (a)(2)) and found defendant had suffered two prior serious or violent felony convictions within the meaning of the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
In the third phase, the penalty phase, the jury returned a verdict of life without possibility of parole. Defendant was sentenced to life in prison without possibility of parole plus 35 years to life.
On appeal, defendant contends that the trial court failed to excuse two jurors who were improperly influenced by extraneous information, and defendants counsel was ineffective in failing to object to the prosecutors alleged misconduct and testimony from a detective. Court disagree and affirm the judgment.
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