P. v. Soto
Jesus M. Soto (defendant) appeals from the judgment entered following a jury trial resulting in his convictions of first degree murder (Pen. Code, 187, subd. (a)),[1]attempted murder ( 664/187, subd. (a)), carjacking ( 215, subd. (a)), and assault by means of force likely to produce great bodily injury and with a deadly weapon ( 245, subd. (a)(1)). The trial court sentenced defendant for the attempted murder to a determinate state prison term of nine years and for the murder to a consecutive indeterminate prison term of 25 years to life. He contends that (1) the trial court abused its discretion by denying his eve-of-trial motions for a continuance and for the appointment of a defense expert, and the error is of constitutional dimension; (2) the limitations placed on defense testimony from the identification expert constituted an abuse of discretion, and the error is of constitutional dimension; and (3) there is Cunningham error (Cunningham v. California (2007) 549 U.S. __ [127 S. Ct. 856, 860] (Cunningham).)
Court conclude that the contentions lack merit and affirm the judgment.
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