P. v. Romero
The Santa Clara County District Attorney filed an information charging defendant Jeffrey Angel Romero with two counts of second degree burglary (Pen. Code, §§ 211, 212.5, subd. (c)[1] - counts one and three) and one count of felony imprisonment (§§ 236, 237 - count two). The information also alleged: (1) defendant personally used a firearm within the meaning of section 12022.53, subdivision (b) when he committed the offenses charged in counts one and three, and (2) he personally used a firearm within the meaning of sections 12022.5, subdivision (a) and 1203.06 when he committed the offense charged in count two. The jury found defendant guilty as to counts one and two, and not guilty as to count three. The jury also found that the allegations of the firearm use enhancements were true as to counts one and two. The trial court sentenced defendant to 18 years in prison. On appeal, defendant contends: (1) the trial court erred when it admitted evidence of uncharged offenses, (2) the trial court abused its discretion in denying trial counsel’s request to read two articles on the unreliability of eyewitness identification evidence, and (3) the trial court erred when it awarded no custody credits to defendant. We reverse the judgment and remand the matter for resentencing.
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