P. v. Noriega
James Manuel Noriega appeals the judgment entered after a jury convicted him of the first degree murders of Kathleen Martinez and Savannah Zamora and the second degree murder of Martinez's fetus. (Pen. Code, 189/187, subd. (a).) The jury also found true the special circumstance allegation that appellant committed multiple murders, and the allegation that he personally inflicted injury that resulted in termination of a pregnancy. (Pen. Code, 190.2, subd. (a)(3) & 12022.9.) The trial court sentenced him to 15 years to life in state prison on the second degree murder count, plus consecutives sentences of life without the possibility of parole on each of the first degree murder counts.[1] Appellant contends the trial court committed prejudicial error when it (1) failed to recuse his trial attorney for conflicts of interest; (2) admitted unreliable eyewitness identification testimony; (3) denied his Wheeler/Batson motions (Batson v. Kentucky (1986) 476 U.S. 79; People v. Wheeler (1978) 22 Cal.3d 258); (4) limited cross-examination and excluded impeachment evidence; (5) excluded his "emotional reaction" to the murders; and (6) excluded third party culpability evidence. He also alleges cumulative error. Court affirm.
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