Becerra

People v. Becerra

Good Law
165 Cal. App. 4th 1064·2008 Cal. App. LEXIS 1208·81 Cal. Rptr. 3d 348
Court of Appeal of CaliforniaJuly 14, 2008G038851California2,785 words

Opinion

Opinion

Ikola, J.

Defendant Juan Pablo Becerra challenges his convictions for two counts of murder, three counts of street terrorism, and one count of possession of a firearm by a felon. He contends the indictment underlying the murder counts and two of the street terrorism counts was impermissibly based on perjury before the grand jury, and insufficient evidence corroborated the testimony of his accomplices. But defendant suffered no prejudice from the pequry—the trial jury heard about the witness’s perjury and still found defendant guilty beyond a reasonable doubt. And all accomplice testimony was sufficiently corroborated. Thus, we affirm the judgment of conviction.

Defendant also asserts several sentencing errors; the Attorney General concedes all but one. We vacate the sentence and remand for resentencing.

FACTS

Defendant, a 7th Street gang member also known as “Lefty,” was armed with a gun as he sat in a car driven by fellow gang member Jesus Madrigal. Defendant asked Madrigal to drive around looking for a rival gang member. A car approached them, then turned around to follow them. Madrigal pulled into a parking lot to let the car pass. Defendant and another gang member in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.