P. v. Lozano
A jury convicted defendant Mario Heliodoro Lozano of first degree murder (count 1; Pen. Code, 187, subd. (a))[1] and unlawful driving or taking of a vehicle (count 2; Veh. Code, 10851, subd. (a)); the jury also found that defendant personally discharged a firearm causing death. ( 12022.53, subd. (d).) The trial court sentenced defendant to a total state prison term of 50 years to life (25 years to life on count 1, plus 25 years to life consecutive on the enhancement, with the two-year midterm on count 2 concurrent). Defendant contends the trial court erred prejudicially by admitting experimental evidence which lacked a proper foundation. Court conclude the evidence should not have been admitted, but the error was harmless; therefore, Court shall affirm.
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