P. v. Deanda
A jury convicted defendant and appellant Jose Alberto Deanda of shooting at an inhabited house (count 1—Pen. Code, § 246)[1] and found true an attached gang enhancement (§ 186.22, subd. (b)). The trial court sentenced defendant to the mandatory, statutory term of imprisonment of 15 years to life.
On appeal, defendant contends the trial court prejudicially erred in declining to reopen the case to permit continued cross-examination of Hemet Police Officer Takaski Nishida, in declining to give defendant’s proffered instruction on Officer Nishida’s testimony, and in failing to give a sua sponte jury instruction on corroboration of an accomplice witness’s testimony. Defendant additionally contends the People committed prejudicial prosecutorial misconduct during their closing and rebuttal argument by vouching for Officer Nishida, defense counsel below rendered infective assistance of counsel (IAC) in failing to object to the prosecutor’s purported misconduct, and in failing to request a limiting instruction on the use of the gang evidence adduced at trial. Finally, defendant maintains the cumulative effect of the alleged errors deprived him of a fair trial and due process. We affirm the judgment.
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