Reyes

People v. Reyes

Good Law
165 Cal. App. 4th 426·2008 Cal. App. LEXIS 1157·80 Cal. Rptr. 3d 619
Court of Appeal of CaliforniaJuly 28, 2008B186285California4,001 words

Opinion

Opinion

Cooper, J.

Gerardo Reyes appeals from the judgment imposed after a jury convicted him of first degree murder (Pen. Code, § 187; undesignated section references are to that code), and found that the murder was committed to prevent the victim from testifying (§ 190.2, subd. (a)(1)), and that appellant personally used a firearm (§ 12022.5, former subd. (a)(1)). Appellant was sentenced to a term of life without possibility of parole, plus four years. He contends that (1) the plea agreement of his codefendant, who testified against appellant, was coercive of that testimony and denied appellant due process and a fair trial; (2) the court erred in allowing an opinion regarding the credibility of a prosecution witness; and (3) appellant is entitled to pretrial custody conduct credits.

We conclude that there was no reversible error at trial, but that appellant is entitled to the pretrial conduct credits he claims. We modify the judgment to grant those credits, and affirm the judgment as so modified.

FACTS

Appellant was convicted at a third trial, during which his codefendant, George Vidales, pled guilty and testified against him. The juries in the first two trials had hung, and the first…

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