Moreda
People v. Moreda
Opinion
Opinion
Haerle, J.
I. INTRODUCTION
Robert Moreda (Moreda) was convicted by a jury of attempted premeditated and deliberate murder (Pen. Code, §§ 664 and 187, subd. (a)), and assault with a deadly weapon (§ 245, subd. (a)). The jury also found true enhancement allegations that one or both offenses involved firearm use (§ 12022.5, subd. (a)(1)), domestic violence resulting in great bodily injury (§ 12022.7, subd. (d)), and discharge of a firearm (§ 12022.53, subd. (d)). Moreda was sentenced to an indeterminate term of life in prison with the possibility of parole and a consecutive determinate term of 25 years to life.
Moreda contends the judgment must be reversed for three independent reasons: (1) the trial court refused to suppress evidence recovered during a protective sweep of Moreda’s apartment; (2) evidence relating to Moreda’s experience as a hunter was irrelevant and prejudicial; (3) the judge who ruled on Moreda’s motion for a new trial was not the same judge who presided over the jury trial. We affirm.
II. STATEMENT OF FACTS*
III. DISCUSSION
A., B.
C. The New Trial Motion
Moreda contends the judgment must be reversed because he was denied his statutory and constitutional right…