P. v. Ocampo
Appellant Manuel Ocampo was charged with the murder of Juan Corrales. Prior to trial, Ocampo filed a motion to suppress evidence that the victim’s wife, Maria Campana, had tentatively identified him as the perpetrator. Ocampo argued that Campana’s identification was unreliable because police had engaged in suggestive conduct when showing her a photographic lineup. The court denied the motion.
At trial, Campana testified that she was fifty percent certain that Ocampo was the man she saw on the night of her husband’s death. In addition, Manuel Arzate, who was initially charged as a codefendant, testified that he saw Ocampo shoot the victim. The jury found Ocampo guilty. The court sentenced Ocampo to 50 years to life in prison and imposed several penalties and fees, including a $20 DNA assessment under Government Code section 76104.7.
On appeal, Ocampo argues that the trial court erred when it: (1) denied his motion to suppress evidence related to Campana’s identification; and (2) assessed a $20 DNA fee. We modify the judgment to strike the $20 DNA fee and affirm the conviction in all other respects.
Comments on P. v. Ocampo