People v. Lora CA4/3

Good Law
Court of Appeal of CaliforniaOctober 21, 2014G049939MCalifornia4,888 words

Opinion

Opinion

Fybel, J.

I.

INTRODUCTION

A jury convicted Paulino Valdivia Lora of the first degree murder of Alfredo Stultz (Pen. Code, §§ 187, subd. (a), 189; count 1) and the premeditated attempted murder of Julian Sanchez (id., §§ 187, subd. (a), 189, 664; count 2). The jury found true allegations with respect to both counts that Lora personally and intentionally discharged a firearm causing great bodily injury or death (id., §§ 12022.53, subd. (d), 1192.7, subd. (c)(8)), and personally used a firearm (id., §§ 12022.5, subd. (a), 1192.7, subd. (c)(8)). With respect to count 2, the jury found true allegations that Lora personally inflicted great bodily injury on Sanchez. (Id., §§ 12022.7, subd. (a), 1192.7, subd. (c)(8)). The trial court sentenced Lora to a term of 82 years to life in prison without the possibility of parole. The issue presented is whether the trial court erred by denying Lora’s motion to disclose the identity of a confidential informant. Lora contends disclosure was required under Evidence Code section 1041 because the informant would have provided exculpatory evidence that Lora acted in self-defense. We conclude the trial court did not err by denying Lora’s motion to disclose the…

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