P. v. Leinweber
A jury convicted appellant Mikhiel Jakob Leinweber of first degree murder (Pen. Code, 187). The jury also found true the allegation that Leinweber personally discharged a firearm causing death ( 12022.53, subd. (d)). In a bifurcated proceeding, the trial court found true that Leinweber had two prior serious felony convictions pursuant to section 667, subdivision (a), two prior felony convictions pursuant to section 667, subdivision (d), and one prior prison term pursuant to section 667.5, subdivision (b). The trial court sentenced Leinweber to 111 years to life in state prison as follows: 25 years to life, tripled to 75 years because of the prior strike convictions; a consecutive 25-year term for the section 12022.53, subdivision (d) enhancement; two consecutive five-year terms for two section 667, subdivision (a) prior convictions; and a consecutive year for a section 667.5, subdivision (b) prior prison term.
Leinweber contends the prosecutor committed numerous instances of misconduct throughout the trial, and the trial court erred in refusing to give a defense-drafted instruction and in imposing a one-year enhancement. Court agree only with Leinwebers last contention, and in all other respects, affirm.
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