People v. Donohoe CA3

Filed 9/15/23 P. v. Donohoe CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- THE PEOPLE, C096067 Plaintiff and Respondent, (Super. Ct. No. S20CRF0131) v. SEAN DONOHOE, Defendant and Appellant. A jury found defendant Sean Donohoe guilty of the first degree murder of Manpreet S. and found true firearm enhancements under Penal Code1 section 12022.53, subdivisions (b) through (d). The case turned on the issue of identity, i.e., whether defendant was the masked gunman shown in a video of the murder. 1 All undesignated section references are to the Penal Code. 1 On appeal, defendant raises two evidentiary error arguments and two ineffective assistance of counsel arguments. He further argues the cumulative effect of the foregoing errors deprived him of a fair trial. Finally, defendant requests that we remand the matter for a new sentencing hearing because the trial court misunderstood the scope of its discretion under section 12022.53, subdivision (h). We affirm. FACTUAL AND PROCEDURAL BACKGROUND Manpreet was shot and killed on August 6, 2013, in the late evening while working at a gas station store. Although the police had video footage of the murder, the case went unsolved for several years. The video footage of the murder showed a person walking into the gas station store and shooting Manpreet; the shooter had a black mask around his face and wore jeans and a black jacket.2 The shooter did not take anything from the store. The shooter merely entered the store, fired the gun, and left. The police recovered a .45-caliber bullet casing from the scene of the murder and retrieved a bullet consistent with a bullet fired from a 1911-style .45-caliber semiautomatic handgun from Manpreet’s body. South Lake Tahoe Police Officer Rebecca Morris-Allen responded to the dispatch call; she was dispatched to the gas station around 10:55 p.m. She checked the area for witnesses and suspects, and precluded people from entering the perimeter around the store. Although it was clear the store was a crime scene due to the crime scene tape and police activity, Officer Morris-Allen encountered defendant and Jason R. walking up to the store approximately 15 minutes after she arrived; both defendant and Jason displayed “some of the signs and symptoms of somebody under the influence of some intoxicant of some sort.” Defendant said he was heading to the store to purchase cigarettes. Officer Morris-Allen wrote down their names and where they lived. 2 The jacket was alternately identified as a hoodie or sweatshirt during testimony. It could be either of the three clothing items; we use the term jacket for consistency. 2 On August 13, 2013, Roy G. flagged down South Lake Tahoe Police Detective Jake Herminghaus, …

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