Maciel

Robert Maciel, Vincent Maciel and Louis Peralta were convicted in a jury trial of one count of first degree murder (Pen. Code, § 187), 1 one count of attempted murder (§§ 664/187) and one count of assault with a deadly weapon (§ 245, subd.(a)), a lesser offense of count III, which alleged attempted murder. The jury found the armed allegation (§ 12022, subd. (a)) true as to each defendant. The defendants were sentenced to state prison for 25 years to life.

Each defendant asserts Beeman 2 error. In addition, Robert Maciel alleges the trial court erred in refusing to admit evidence of a polygraph examination and in failing to exclude a codefendant’s statements. (People v. Aranda (1965) 63 Cal.2d 518 [ 47 Cal.Rptr. 353 , 407 P.2d 265 ].) He also maintains his sentence is cruel and unusual punishment. (People v. Dillon (1983) 34 Cal.3d 441 [ 194 Cal.Rptr. 390 , 668 P.2d 697 ].)

*1045 Louis Peralta claims the trial court erred in refusing to reduce the offense from first degree murder to second degree. Vincent Maciel maintains the trial court erred in admitting prior statements for impeachment.

Facts

Robert Maciel and Louis Peralta reported to the Huntington Beach Police…