California v. Mumin
Annotate this CaseAhmed Mumin was convicted by jury of first degree murder, burglary, and robbery. The jury also convicted Mumin on two counts of premeditated attempted murder of a peace officer, two counts of assault on a peace officer with a semiautomatic firearm, two counts of assault with a semiautomatic firearm, and one count each of possession of a firearm by a felon and possession of ammunition by a prohibited person. The jury found true various firearm enhancements. The trial court sentenced Mumin to life imprisonment without the possibility of parole, plus an additional consecutive indeterminate term of 55 years to life imprisonment and a consecutive determinate term of 41 years four months. Mumin appealed, contending: (1) the evidence did not support a jury instruction on the kill zone theory of attempted murder liability; (2) the trial court committed prejudicial misconduct by questioning Mumin’s counsel about her closing argument in the presence of the jury; and (3) his convictions for assault with a semiautomatic firearm should be vacated because they were lesser included offenses of assault on a peace officer with a semiautomatic firearm. The Attorney General conceded the two assault convictions should have been vacated or reversed, and the Court of Appeal accepted this concession. The Court held Mumin’s two remaining contentions were without merit. Therefore, judgment was modified to vacate the two assault convictions (and the stayed sentences thereon) and affirmed the judgment as modified.
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