P. v. Gonzalez
Defendant Oscar Gonzalez was charged with one count of attempted willful and premeditated murder (Pen. Code, 187, subd. (a), 664; all further statutory references are to this code unless otherwise specified; count 1) and one count of kidnapping ( 207, subd. (a); count 2). A jury convicted him of count 2 but was unable to reach a verdict on the attempted murder count. After a second trial defendant was convicted of attempted murder as charged. He was sentenced to seven years to life on count 1 and a consecutive five years on count 2.
He appeals on several grounds: 1) A violation of his Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694]); 2) erroneous exclusion and admission of evidence; and 3) instructional error. We find no error and affirm.
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