Fuentes

People v. Fuentes

Bad Law
1998 Cal. App. LEXIS 150·61 Cal. App. 4th 956·72 Cal. Rptr. 2d 237·98 Daily Journal DAR 1888·98 Cal. Daily Op. Serv. 1388
Court of Appeal of CaliforniaFebruary 25, 1998F026032California5,575 words

Opinion

Opinion

Ardaiz, J.

— Appellant Edward Fuentes was convicted, following a jury trial, of first degree murder (Pen. Code, § 187; count 1) and attempted robbery (Pen. Code, §§ 211, 664; count 2). As to each count, the jury found appellant was armed with a firearm during commission of the offense (Pen. Code, § 12022, subd. (a)(1)). Appellant was sentenced to 29 years to life in prison, and ordered to pay a $5,000 restitution fine and to be housed at the California Youth Authority (Welf. & Inst. Code, § 1731.5, subd. (c)). This timely appeal followed.

In the published portion of this opinion, we hold that admission of extrajudicial statements of coparticipants, pursuant to Evidence Code section 1230, did not deny appellant his rights under the confrontation clause of the Sixth Amendment to the United States Constitution. In the unpublished portion, we reject his remaining contentions.

Facts

On the night of November 4, 1995, appellant and his friends — Ricky Fernandez, Marco Reyna, Leng Vang, Keith Scott, Ray Alarcon, and Johnny De Leon — drove from Reyna’s house in Merced to Planada. There, De Leon, Alarcon, and Fernandez got out of the car and one of them (apparently Fernandez) shot Isabel…

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