P. v. Ruvalcaba
A jury convicted Daniel Anthony Ruvalcaba of the first degree murder of Michael Benge (Pen. Code, § 187, subd. (a); count 1)[1] and the second degree murder of Benge's sister, Denaya Shanks (§ 187, subd. (a); count 2).[2] As to count 1, the jury found true a multiple murder special circumstance allegation (§ 190.2, subd. (a)(3)). As to both counts, the jury found true gang benefit enhancement allegations (§ 186.22, subd. (b)) and vicarious firearm use enhancement allegations (§ 12022.53, subds. (d) & (e)). Ruvalcaba also admitted having a prior strike conviction (§ 667, subds. (c), (e)(1)), a prior serious felony conviction (§ 667, subd. (a)), and a prior prison commitment conviction (§ 667.5, subd. (b)). The court sentenced him to a prison term of life without the possibility of parole, plus 80 years to life, plus five years.
Ruvalcaba appeals, contending his conviction must be reversed because the court once again prejudicially erred in admitting double hearsay against him (see fn. 2, ante). He further contends his trial counsel provided ineffective assistance by failing to:
(1) request the court strike portions of two prosecution witnesses' testimony, object to portions of the prosecution's gang expert's testimony, and elicit certain favorable testimony from a defense witness. We conclude these contentions lack merit and affirm the judgment.
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