P. v. Fregoso
Following a jury trial, Jorge Francisco Fregoso was convicted of one count of premeditated murder (Pen. Code, 187, subd. (a))[1]and one count of kidnapping ( 207, subd. (a)). It was found true that both counts were committed for the benefit of a street gang ( 186.22, subd (b)(1)); that Fregoso was a principal in the offense and at least one principal 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 Fregoso to an indeterminate term of life without the possibility of parole and a term of 25 years to life. On appeal, Fregoso claims: (1) Batson/Wheeler[2]error occurred; (2) the trial court erred in allowing the prosecution to reopen its case; (3) the prosecutor committed prejudicial misconduct; (4) the stop and subsequent search of the vehicle was unconstitutional; and (5) cumulative error occurred. Court find no prejudicial error and affirm.
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