People v. Holguin CA5

INTRODUCTION

Appellant and defendant Felipe Roman Holguin (defendant) was charged with committing the first degree murder of Demitrius Padilla (Pen. Code, §187, subd. (a))1 with a special circumstance and firearm enhancements. The charged offenses and allegations carried the maximum possible sentence of life in prison without the possibility of parole (LWOP) for first degree murder with the special circumstance, plus 25 years to life for the section 12022.53, subdivision (d) firearm enhancement. At the preliminary hearing, an eyewitness testified and identified defendant as the person who fired multiple guns shots at Padilla. Another witness testified that on the same night as the murder, defendant asked him to get rid of bullet casings and made incriminating statements on later occasions. Both witnesses testified under grants of immunity. In 2016, both witnesses repeated their testimony at defendant’s jury trial; the eyewitness again identified defendant as the gunman, and the second witness testified about defendant’s incriminating conduct and statements. On the fourth day of the trial, the eyewitness who identified defendant as the gunman was on the stand and had not been…