People v. Spain

Opinion

CARR, J.

A jury found the defendant guilty of murder in the second degree, and further found he personally used a firearm in the commission of that offense. (Pen. Code, §§ 187, 189, 12022.5.) Defendant, who was 17 years of age at both the time of the offense and at trial, was sentenced to the California Youth Authority for the prescribed term. On appeal, he makes the following contentions: (1) statements and evidence which were the product of an illegal arrest were erroneously admitted; (2) the trial court erroneously denied his motion for a mistrial based on misconduct by a spectator;…