Avalos

Robert Avalos and David Becerra separately appeal from judgments against each of them, after a joint trial, of conviction of violation of Penal Code section 187 (murder in the first degree) and of Penal Code section 211 (robbery in the first degree) and of Penal Code section 459 (burglary in the first degree).

Each appellant was sentenced to state prison for the term prescribed by law for violation of Penal Code section 187. Sentences on counts II and III were stayed pending appeal, with the stay to become permanent when the sentence was completed as to count I (murder). Each filed timely notice of appeal.

Avalos’ Bases for Appeal.

1. That the trial court erred in giving CALJIC No. 2.04 re fabrication of evidence without limitation as to its applicability only to Mr. Becerra.

2. That it was prejudicial error to fail to instruct that the testimony of an accomplice must be viewed with distrust.

3. That it was prejudicial error to fail to instruct concerning adoptive admissions.

4. That it was prejudicial error for the trial judge to conclude he had no authority to invoke the provisions of Penal Code section 1202b in the sentencing of Mr. Avalos.

5. Inadequacy of…