Contreras

Following trial by jury, appellant Ruben Contreras was found guilty of first degree murder with special circumstances (murder during commission of robbery), attempted murder, conspiracy to commit robbery and two counts of robbery. The jury also found that Contreras personally used a deadly and dangerous weapon, a knife, in committing the offenses, and that he personally inflicted great bodily injury on the victim of the attempted murder. The jury fixed the penalty for the murder at life without possibility of parole. Appellant was sentenced to that term and, in addition, to a consecutive life sentence with possible parole for the attempted murder, and a consecutive six-year term for the enhancements. Sentences for the remaining counts were stayed pursuant to Penal Code section 654.

On appeal, Contreras contends the court erred when it denied his pretrial motion to suppress evidence that the surviving victim identified him, claiming that the identification was tainted by impermissibly suggestive photographic procedures. He also complains that the trial court improperly limited his cross-examination of a prosecution witness. Finally, he asserts the trial court erred by not…