P. v. Lugo
A jury convicted defendant and appellant Larry D. Lugo of four counts of premeditated attempted murder (Counts 3-6—Pen. Code, §§ 664, 187, subd. (a)), four counts of attempted murder (Counts 10-13—Pen. Code, §§ 664, 187, subd. (a)), and one count of evading law enforcement with disregard for the safety and property of others (Count 7—Veh. Code, § 2800.2). The jury additionally found true, with respect to Counts 3 through 6 and 10 through 13, allegations defendant personally and intentionally discharged a firearm (Pen. Code, § 12022.53, subd. (c)), and knew or reasonably should have known the victims were peace officers engaged in the performance of their duties (Pen. Code, § 664, subds. (e) & (f)).[1] The court sentenced defendant to a determinate term of incarceration of 166 years and an indeterminate term of 60 years to life.
On appeal, defendant raises six issues: (1) the court erred in declining to sever trial on Counts 1 and 2 from the remaining charges; (2) the court erred in declining to dismiss a juror for misconduct; (3) the court erred in denying defendant’s motion for new trial; (4) the court abused its discretion in precluding defendant’s defense on several bases; (5) the court erred by prohibiting evidence of third party culpability; and (6) defendant was cumulatively prejudiced by the aforementioned errors.[2] We affirm the judgment.
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