People v. Roman CA5

INTRODUCTION

Defendant Robert Gonzales Roman appeals his conviction, following jury trial, asserting: (1) the trial court erred in allowing uncharged crimes evidence to provide his identity as the driver because the driver‘s identity was contested; (2) trial counsel had a duty to request the jury be instructed regarding third party culpability and his failure to do so amounted to ineffective assistance; (3) the trial court allowed prejudicial evidence of defendant‘s poverty to be admitted, thereby violating his rights to a fair trial and due process; (4) the prosecutor committed misconduct by misstating the law during closing argument; (5) trial counsel was ineffective for failing to object to the aforementioned prosecutorial misconduct; and (6) the trial court erred when it found defendant was not eligible for sentencing pursuant to Penal Code1 section 1170.9. We will affirm the judgment.

RELEVANT PROCEDURAL BACKGROUND2

By information, the Merced County District Attorney alleged defendant had committed the following: count 1, unlawful driving of a vehicle (Veh. Code, § 10851, subd. (a)); count 2, evading an officer with reckless driving (Veh. Code, § 2800.2, subd. (a)); count…