P. v. Nuccio
A jury convicted defendant Joseph Hathorne Nuccio of first degree murder and found he used a knife to commit the murder, and the trial court found defendant had served a prior prison term. (Pen. Code, 187, 667.5, subd. (b), 12022, subd. (b)(1).) The trial court sentenced defendant to state prison for 27 years to life and defendant timely filed this appeal. Defendant contends the prosecutor improperly failed to assist him in securing the presence at trial of a person defendant blamed for the murder, and the trial court improperly found the prior prison term allegation to be true. Court agree with the latter claim, but otherwise shall affirm the judgment.



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