P. v. Huerta
A jury convicted Diego Huerta (appellant) as charged in counts 1, 2, and 3 of attempted murder done willfully, deliberately and with premeditation (Pen. Code, §§ 664, 187, subd. (a));[1] in counts 4, 5, and 6 of assault with a deadly weapon (§ 245, subd. (a)(1)); and in counts 9 and 10[2] of assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)). The jury found true the allegations that each offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)) and that appellant was 16 years or older at the time of the offenses (Welf. & Inst. Code, § 707, subd. (d)(1)). It also found true that appellant personally inflicted great bodily injury in counts 3 and 6 (§ 12022.7, subd. (a)), and that he personally used a deadly weapon in count 3 (§ 12022, subd. (b)(1)). The trial court sentenced appellant to a determinate term of four years and an indeterminate term of 49 years to life.
Appellant contends that polygraph evidence was improperly introduced at trial, that the court erred when it instructed on accomplice testimony, that an officer’s statement during a videotaped interview was impermissible opinion evidence, and that the court committed sentencing error. We agree with one of his two claims of sentencing error, but in all other respects affirm.
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