Esquibel

People v. Esquibel

Good Law
143 Cal. App. 4th 645·2006 Cal. App. LEXIS 1518·2006 Daily Journal DAR 13242·49 Cal. Rptr. 3d 393·2006 Cal. Daily Op. Serv. 9242
Court of Appeal of CaliforniaSeptember 28, 2006B165767California5,827 words

Opinion

Opinion

Cooper, J.

INTRODUCTION

Appellant challenges his conviction for four counts of attempted murder and one count of assault with a firearm. His principal contention is that the trial court improperly excluded two of his friends during the examination of a seven-year-old witness. We hold the temporary exclusion of these two spectators did not result in the violation of appellant’s constitutional right to a public trial. We conclude that Penal Code section 686.2 has no application to this case. Appellant also challenges his sentence, which we modify. In all other respects, the judgment is affirmed.

PROCEDURAL BACKGROUND

In an information filed by the District Attorney of Los Angeles County, appellant was charged with five counts of attempted, willful, deliberate, and premeditated murder, (§§ 187, subd. (a), 664.) Count 1 further alleged that in the commission of the crime, appellant personally inflicted great bodily injury upon the victim, causing the victim to become comatose due to brain injury and to suffer paralysis. (§ 12022.7, subd. (b).) The information additionally alleged as to all counts that a principal personally and intentionally discharged a firearm, thereby causing…

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