People v. Jones

Opinion

EPSTEIN, P. J.

Travion Jones appeals from his judgment of conviction of first degree murder with personal firearm use and street gang allegations. We find no error and affirm.

In the published part of this opinion we conclude the trial court properly instructed the jury on the provocation doctrine as a basis for second degree murder. The balance of our discussion concerns claims of error based on a witness statement referencing appellant’s prior prison incarceration, and the claim that application of the Penal Code section 12022.53, subdivision (d) firearm enhancement violates rules…