P. v. Ojito
A jury convicted appellant Geraldo Ojito of two counts of second degree murder (Pen. Code, 187, subd. (a))[1]in connection with the murders of Larson Tufi and Jose Alegria, and found true gun use ( 12022.5, subd. (a)) and great bodily injury ( 12022.53, subd. (d)) enhancements appended to those counts, as a result of a March 2002 shooting during a gang confrontation (counts 1 and 2). The jury also convicted Ojito of four counts of premeditated attempted murder ( 187, subd. (a)/664/189), one count of mayhem ( 203), and one count of shooting into an occupied vehicle ( 246); and found true a variety of special allegations appended to those counts, as a result of a freeway shooting in September 2002 during another gang confrontation (counts 3 through 8). Ojito was sentenced to a total prison term of 105 years to life. On appeal, Ojito asserts there were erroneous evidentiary rulings at trial that separately or cumulatively require reversal of some or all of the convictions.



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