People v. Carrera CA2/8

INTRODUCTION

Nestor Carrera appeals from his judgment of conviction of murder (Pen. Code,1 § 187, subd. (a)), attempted murder (§§ 187, subd. (a), 664), shooting at an occupied vehicle (§ 246), shooting from a motor vehicle (§ 26100, subd. (c)), and unlawful possession of a firearm (§ 29800, subd. (a)(1)), with true findings on firearm enhancements (§ 12022.53). On appeal, Carrera argues the trial court erred in admitting: (1) the prior testimony of a witness based on his unavailability at trial; (2) text messages between Carrera and his girlfriend following the crimes; (3) photographs of a firearm that were posted on Carrera’s social media account; and (4) evidence that Carrera’s girlfriend pled no contest to an accessory charge in this case. He also asserts the trial court erred in sentencing him on three of the firearm enhancements. We conclude Carrera has failed to demonstrate error in his convictions or sentence, and accordingly affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Charges In an information, Carrera was charged with the first degree murder of Yoceline Zuniga (§ 187, subd. (a); count 1), the attempted willful, deliberate, and premeditated murder of Angel…