P. v. Garza
Following a jury trial, Julian Garza was found guilty of one count of premeditated murder (Pen. Code, 187, subd. (a))[1]and one count of kidnapping ( 207, subd. (a)). The jury found true the allegations that the offenses were committed for the benefit of a street gang ( 186.22, subd (b)(1)), that Garza was a principal in the offense and at least one principal intentionally and personally discharged a firearm causing great bodily injury ( 12022.53, subds. (d) & (e)(1)), and that the murder was committed in the commission or attempted commission of a kidnapping ( 190.2, subd. (a)(17)(B)). The trial court sentenced Garza to an indeterminate term of life without the possibility of parole and a term of 25 years to life.
On appeal, Garza contends the trial court erred: (1) when it denied his Batson/Wheeler[2]motion; (2) when it denied the defenses request to impeach a prosecution witness with a crime of moral turpitude; (3) when it allowed the admission of a witnesss videotaped statement; and (4) when it instructed the jury with CALCRIM No. 318. Court reject his claims and affirm.
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