P. v. Bonilla
Joseph Bonilla (defendant) was convicted of the first degree murder of
Alfredo Briano (Briano). (Pen. Code, 187, subd. (a).) The jury made findings of the discharge of a firearm proximately causing death ( 12022.53, subds. (b), (c), (d) & (e)(1)) and of a gang enhancement ( 186.22, subd. (b)(1)).
He appeals from the judgment and contends that: (1) the trial court abused its discretion when it admitted lay opinion testimony from a police officer concerning defendants identity as the assailant as defendant appeared in a videosurveillance tape of the shooting; and (2) the abstract of judgment must be corrected as it failed to conform to the oral proceedings of judgment. Court affirm the judgment and direct the correction of the abstract.
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