P. v. Quiroz
Defendant and appellant Adolfo Quiroz was convicted by a jury of premeditated attempted murder (Pen. Code, 664/187) and criminal threats (Pen. Code, 422). The jury also found that the crimes were committed for the benefit of a criminal street gang (Pen. Code, 186.22) and found several firearm enhancements true. Appellant was sentenced to prison for life with the possibility of parole, a consecutive term of 35 years to life, and a concurrent term.
Appellant contends: (1) the trial court prejudicially erred in excluding impeachment evidence; (2) the trial court prejudicially erred in permitting a witness to claim his Fifth Amendment right against self-incrimination as the witness previously had testified at the preliminary hearing; (3) the trial court prejudicially instructed with CALCRIM No. 3471; (4) the trial court prejudicially erred by omitting from the oral instructions portions of two instructions; (5) his counsel had a conflict of interest; (6) there was cumulative error; and (7) the trial court erred in imposing a consecutive 10-year sentence for the gang enhancement.
Court correct a sentencing error. In all other respects, Court affirm.
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