People v. Zuniga CA2/4

INTRODUCTION

Appellants Edward Miguel Zuniga and Orlando Steven Burgos were convicted of assaulting Martin Moya Lopez (Moya). Zuniga was separately convicted of extortion, kidnapping for extortion, first degree robbery, and dissuading a witness (Moya’s wife Gloria Abarques) by force or threat. Burgos was separately convicted of making criminal threats against Moya. Appellants contend they were denied due process when the trial court precluded them from cross-examining Moya about his immigration status and his application for a U Nonimmigrant Visa (U-Visa). (See 8 C.F.R. § 214.14 [describing U-Visa program, which generally permits victims of certain crimes who cooperate with law enforcement to remain temporarily in the United States despite their immigration status].) Zuniga also challenges certain rulings of the trial court, including denials of motions to suppress and a motion for a new trial. Burgos separately challenges certain sentencing enhancements. The People concede that certain of the sentencing enhancements imposed on Burgos were improper, and request that Burgos’s case be remanded for resentencing. Aside from Burgos’s sentencing issues, we find no reversible error.…