P. v. Lopez
A jury found defendant Joseph Domasio Lopez guilty of first degree murder (Pen. Code, 187, subd. (a))[1]and robbery ( 211). The jury found true the allegations defendant personally used a deadly weapon in the commission of both crimes. ( 12022, subd. (b)(1).) The jury further found true the special circumstance that the murder was committed by defendant while defendant was engaged in the commission of the crime of robbery within the meaning of section 190.2, subdivision (a)(17). The trial court sentenced defendant to an indeterminate life term in prison without the possibility of parole, plus a consecutive one year prison term for the deadly weapon allegation on the murder conviction. The trial court sentenced defendant on his robbery conviction to the upper term of five years, plus a consecutive term of one year for the deadly weapon allegation on the robbery count, both stayed pursuant to section 654. As relevant on appeal, the trial court imposed a restitution fine of $10,000 pursuant to section 1202.4, subdivision (b), and a separate parole revocation restitution fine of $10,000 pursuant to section 1202.45, suspended pending successful completion of parole.
On appeal, defendant claims (1) his interview with Detective Higgins should have been excluded from evidence as he did not waive his Miranda[2] rights, (2) the trial court prejudicially abused its discretion in admitting evidence of the victims particular vulnerability, (3) the absence of an appropriate limiting instruction on the evidence of the victims developmental disability was prejudicial error, (4) the prosecutor committed prejudicial prosecutorial misconduct in closing argument, (5) the trial courts imposition of the upper term sentence on defendants robbery conviction violated defendants federal constitutional right to a jury trial, and (6) the parole revocation fine must be stricken as unauthorized. Court strike the parole revocation fine and otherwise affirm the judgment.
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