People v. Cruz CA5

INTRODUCTION

In June 2021, defendant Alvaro Elvira Cruz shot and killed the owner of a parcel of land he was renting. The jury convicted defendant of first degree murder by means of discharging a firearm from a motor vehicle, and found he personally and intentionally discharged a firearm. (Pen. Code, §§ 187, subd. (a), 189, 12022.53, subd. (d).)1 The trial court sentenced defendant to a term of 25 years to life for murder and imposed a lesser term of 10 years for the firearm enhancement under section 12022.53, subdivision (b). Defendant filed a timely notice of appeal. Defendant claims that the trial court erred in failing to instruct the jury, sua sponte, on voluntary manslaughter based on sudden quarrel or heat of passion; and that with respect to prosecution eyewitness Raymond Z., the court violated his rights to cross-examine an adverse witness, to effective assistance of counsel, and to a fair trial. He also claims that the prosecutor committed Doyle error by using his post-Miranda invocation silence against him, defense counsel rendered ineffective assistance of counsel (IAC) if his Doyle claim is deemed forfeited, and the prosecutor committed Schuler error during closing…