P. v. Manzano
By this appeal and consolidated proceeding for writ of habeas corpus, Mathew Ruben Manzano challenges the judgment sentencing him to prison after a jury found him guilty of the first degree murder of Raymond Holguin, Jr., and the second degree murder of Fernando Gurule. In both the appeal and the habeas corpus proceeding, Manzano contends his trial counsel was ineffective for failing to correct and failing to assign as misconduct certain factual misrepresentations made by the prosecutor during the guilt phase closing argument. In the appeal, Manzano additionally contends the prosecutor unconstitutionally used peremptory challenges to prevent Hispanic men from sitting on the jury; trial of the guilt phase by a death-qualified jury violated his constitutional rights; the court erroneously sentenced him to life in prison without the possibility of parole (LWOP) for the second degree murder of Gurule; and the cumulative effect of trial errors unconstitutionally deprived him of a fair trial.
We agree the court imposed an unauthorized prison term of LWOP for the second degree murder of Gurule and modify the judgment to impose the correct prison term of 15 years to life. We reject Manzano's other arguments, affirm the judgment as modified, and deny the petition for writ of habeas corpus.
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