Esqueda

People v. Esqueda

Caution
17 Cal. App. 4th 1450·1993 Cal. App. LEXIS 857·22 Cal. Rptr. 2d 126·93 Daily Journal DAR 10749·93 Cal. Daily Op. Serv. 6268
Court of Appeal of CaliforniaJuly 22, 1993D016035California14,136 words

Opinion

Opinion

Huffman, J.

Jose Oscar Esqueda was jury-convicted of second degree murder (Pen. Code, § 187, subd. (a)) by use of a firearm (§ 12022.5) for the death of Ana Castillo and of possessing a firearm silencer (§ 12520). The trial court sentenced him to a total 23 years to life term and imposed restitution fines under Government Code section 13967 for $5,000 and $1,000 for each crime, respectively.

Esqueda appeals from these convictions and his sentence, contending the trial court erred in permitting evidentiary use of his statements obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], in permitting evidentiary use of his coerced admissions in violation of his due process rights (Spano v. New York (1959) 360 U.S. 315, 324 [ 3 L.Ed.2d 1265, 1272 , 79 S.Ct. 1202 ]), in permitting use of Ana’s inadmissible hearsay statements, in permitting use of a photographic display of his tattoos which suggested he was of bad character, in permitting the prosecutor to impeach him on collateral matters which contradicted his cross-examination trial testimony, and in separately imposing restitution fines for each count.

We affirm Esqueda’s…

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