People v. See CA5

INTRODUCTION

Following a jury trial, defendant Tony See was convicted of the murder of Oscar Arzate (count 1) (Pen. Code, § 187, subd. (a)),1 and convicted of the attempted murders of Christopher Nunez (count 2), Pedro Garcia (count 3), Joseph Nunez (count 4), Mariana Duenas (count 5), and Giselle L., a minor, (count 6) (§§ 187, subd. (a), 664).2 Defendant was sentenced to life without parole plus 525 years to life as follows: for count 1, life without the possibility of parole plus three consecutive terms of 25 years to life for firearm enhancements under section 12022.53, subdivision (d);3 4for counts 2 through 6, defendant was sentenced to 15 years to life plus three consecutive terms of 25 years to life for firearm enhancements under section 12022.53, subdivision (d).5 The trial court imposed, inter alia, a parole revocation fine. On appeal, defendant raises five contentions. First, he argues his trial attorney rendered ineffective assistance when he failed to seek exclusion of defendant’s pretrial

1 All statutory references are to the Penal Code unless otherwise noted. 2 The abstract of judgment contains a scrivener’s error, showing convictions under sections…