Foalima

People v. Foalima

Bad Law
192 Cal. Rptr. 3d 136·2015 Cal. App. LEXIS 761·239 Cal. App. 4th 1376
Court of Appeal of CaliforniaAugust 31, 2015C071581California8,420 words

Opinion

Opinion

Nicholson, J.

Defendant Daniel Fiamatai Foalima appeals from his conviction of first degree murder. He contends the trial court erred by (1) refusing to strike a possible accomplice’s testimony after the accomplice testified he did not know the answer to most of the questions asked him; (2) instructing the jury on accomplice testimony; (3) admitting evidence of media coverage of the murder to impeach a witness’s testimony that was recorded in an earlier trial but admitted here; (4) ordering direct victim restitution allegedly for a crime of which defendant was acquitted and that was not the proximate cause of the victim’s damage; (5) imposing jail booking and classification fines without determining defendant’s ability to pay; and (6) imposing restitution fines without determining defendant’s ability to pay.

We affirm the judgment in its entirety.

FACTS

The prosecution charged defendant with murder (Pen. Code, § 187, subd. (a)), second degree robbery (§ 211), and arson (§ 451, subd. (b)). The information alleged defendant used a dangerous weapon (a knife) to commit the murder and the robbery (§ 12022, subd. (b)(1)), and he committed the murder while committing the robbery (§ 190.2,…

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