P. v. Aguilar
Defendant Danny Aguilar was convicted by a jury of nine counts relating to the kidnapping, carjacking, robbery, torture, and shooting of Luis Porras.[1] Defendant received a sentence of life without the possibility of parole on count 1 (kidnapping for reward or extortion), plus an additional 25 years to life under section 12022.53, subdivision (d) (personal use of a firearm resulting in great bodily injury).[2] Defendant contends on appeal that: (1) the exclusion of expert witness testimony on eyewitness identification was an abuse of discretion; (2) the limitation on his cross-examination of the victim violated his constitutional right to present a defense and confront witnesses; (3) his convictions on counts 2 (carjacking) and 3 (kidnapping for carjacking) must be reversed for insufficient evidence that the car was forcibly removed from the victims immediate presence; (4) the court was required to instruct the jury sua sponte to give close scrutiny to the testimony of an accomplice, Andres Barreda, who received a favorable plea agreement; (5) the prosecutor committed prejudicial misconduct; (6) his trial counsel was ineffective; and (7) the cumulative effect of the errors warrants a reversal. Court reject the contentions, modify the judgment, and affirm.
Comments on P. v. Aguilar