People v. Peavey

Opinion

WOODS, J.

Appellant was charged in count I of the information filed against him with murder, a violation of Penal Code section 187. It was further alleged in count I that he used a firearm within the meaning of Penal Code sections 12022.5 and 1203.06, subdivision (a)(1). He pleaded not guilty to the murder charge and denied the use allegation.

Eventually, appellant was tried before a jury on count I. The jury found him guilty of murder in the second degree and found the use allegation to be true. Following the denial of appellant’s motion for a new trial, he was sentenced to a term in…