People v. Manning

Opinion

RAMIREZ, P. J.

A jury convicted Lenzo Manning of murder (Pen. Code, § 187) and attempted murder (Pen. Code, §§ 664, 187), during both of which offenses he used a firearm (Pen. Code, § 12022.5) and a principal was armed with a shotgun (Pen. Code, § 12022, subd. (a)). As to the attempted murder, the jury additionally found that Manning inflicted serious bodily injury on the victim (Pen. Code, § 12022.7). The jury also convicted Manning of shooting at an inhabited dwelling. Manning was sentenced to prison and appeals, claiming the trial court erroneously admitted evidence, the prosecutor committed misconduct, and the weapons findings were improper. We reject his contentions and affirm.

Facts

Manning, a self-admitted member of the Back Street Crips, was in the company of two other men in the carport of a San Bernardino apartment

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building on the night of May 23, 1989, when one (the victim) of two brothers came by and asked the men who they were. The victim went on to his apartment, but, a short time later, the three men knocked at his door and said they wanted to fight, proclaiming, “This is Main Street Crip you’re messing with.” The victim shut his door. The victim’s brother was on his way into the apartment when he encountered the three men, and arguing ensued. The victim came to his brother’s aid with a golf club and a knife. The brothers went up the stairs and were just outside their apartment when Manning’s codefendant handed him a shotgun, which he used to shoot both brothers, killing one and wounding the victim.

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Weapon Enhancements

As is common in such cases, the jury here made true findings that Manning both used a firearm (Pen. Code, § 12022.5) and that a principal was armed with a shotgun (Pen. Code, § 12022, subd. (a)) in the commission of the murder and attempted murder. In their argument to the jury, the People stated that Manning’s possession of the murder/attempted murder weapon and his use of it provided sufficient evidence to support both allegations,