Cuevas

People v. Cuevas

Caution
111 Cal. App. 3d 189·168 Cal. Rptr. 519·1980 Cal. App. LEXIS 2340
Court of Appeal of CaliforniaOctober 15, 1980Crim. 12276California3,508 words

Opinion

Opinion

Tamura, J.

Defendant was convicted of 6 counts of armed robbery in a jury trial and was sentenced to a total of 15 1/3 years. He appeals from the judgment entered pursuant to these convictions on the grounds that he was denied effective representation of counsel at trial and that his consecutive subordinate sentences were improperly enhanced for firearm use.

Defendant was charged with eight counts of armed robbery by amended information. The People’s case against him was based on identifications by victims of, and witnesses to, the robberies. At trial, the People presented 12 witnesses who testified that defendant was the man who had held up 2 restaurants, a glass shop, a bank, a market, and a hardware store where they were patrons or employees. All 12 of the witnesses identified plaintiff in a photo lineup, at his preliminary hearing, and at trial. Seven of the witnesses also identified defendant at an in-person lineup conducted by the police after they had arrested defendant on suspicion of armed robbery.

Defense counsel questioned the People’s witnesses fairly closely concerning the accuracy of their identifications and the details of the photo and in-person lineups which they…

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