08 P. v. Flores
Jorge Evaristo Flores appeals his conviction for first degree murder (Pen. Code,[1] 187, subd. (a)) and assault with a semiautomatic firearm ( 245, subd. (b)), with true findings that he personally discharged a firearm causing death ( 12022.53, subd. (d)), and personally used a handgun ( 12022.5, subd. (a)(1)). He contends the prosecution committed misconduct in questioning him about his pre-arrest silence; the trial court erred in failing to separately instruct on the definition of a semiautomatic weapon; that his sentence violated Cunningham v. California; and the abstract of judgment must be corrected. Court affirm the judgment, and remand for resentencing.
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