People v. Fleming

Steven Edward Fleming appeals the judgment entered following a jury trial in which he was convicted of one count of second degree murder.1 ( Pen. Code, 2 §§ 187, subd. (a), 189.) The jury found true firearm enhancement allegations pursuant to section 12022.53, subdivisions (b) through (e)(1), and a gang enhancement allegation pursuant to section 186.22, subdivision (b)(1)(C). The trial court denied probation and sentenced appellant to state prison for an aggregate term of 40 years to life.

Appellant contends the trial court's erroneous response to a jury question during deliberations allowed…