People v. Sanchez CA5

INTRODUCTION

Rigoberto Gomez Sanchez was convicted by jury of premeditated murder (Pen. Code,1 § 187, subd. (a), count 1); attempted murder (§§ 664/187, subd. (a), count 2); shooting at an inhabited dwelling (§ 246, count 3); assault with a firearm (§ 245, subd. (a)(2), count 4); and residential burglary (§ 460, subd. (a), count 5). The jury also found true enhancements alleging Sanchez personally used a firearm (§ 12022.5, subd. (a)), he personally discharged a firearm (§ 12022.53, subd. (c)), and that he personally discharged a firearm causing death (§ 12022.53, subd. (d)). Sanchez was sentenced to an indeterminate prison term of 50 years to life, plus a determinate term of 30 years four months. Sanchez raises the following claims on appeal: (1) the prosecutor committed error in closing argument by stating the defense attorney had repeatedly lied; (2) the trial court erred in taking judicial notice of the date and time of Sanchez’s arrest and booking; (3) the trial court violated Sanchez’s right to due process when it permitted testimony to be readback to the jury in his absence; (4) the trial court erred by denying defense counsel’s request for a continuance to file a…