Mora

Defendant and appellant Miguel Mora (Mora) appeals from the judgment of conviction of voluntary manslaughter (Pen. Code, § 192, subd. 1), with a finding that a principal was armed with a firearm (Pen. Code, § 12022, subd. (a)), entered after court trial.

The judgment is affirmed.

Procedural and Factual Background

Mora and one Enriquez were charged with the murder of Antonio Arteaga (Arteaga) with the special circumstance that the killing was in retaliation for testimony given in an earlier criminal proceeding (Pen. Code, §§ 187, 190.2, subd. (a)(10)). Enriquez, tried separately by jury, was found guilty of first degree murder. On November 12, 1981, immediately following the Enriquez verdict, Mora waived his right to a jury trial and agreed to submit the matter on the transcript of his preliminary hearing as well as the evidence adduced at Enriquez’ trial.

The following day, prior to the trial court’s consideration of the evidence presented at the preliminary hearing and at Enriquez’ trial, Mora waived his right to confront the witnesses from both prior proceedings whose testimony would be considered against him.

An evidentiary hearing held on order of this court…