Iraheta

People v. Iraheta

Good Law
14 Cal. App. 5th 1228·2017 Cal. App. LEXIS 758·222 Cal. Rptr. 3d 706
Court of Appeal of CaliforniaAugust 31, 2017B261606California11,083 words

Opinion

lead Opinion

Aldrich, J.

Defendant and appellant Carlos Miguel Iraheta was convicted of shooting at an *710 occupied motor vehicle ( Pen. Code, § 246 ) 1 with a section 12022.53, subdivision (d) firearm enhancement, and sentenced to 30 years to life in prison. Iraheta contends that in light of our Supreme Court's decision in People v. Sanchez (2016) 63 Cal.4th 665 , 204 Cal.Rptr.3d 102 , 374 P.3d 320 ( Sanchez ), admission of gang expert testimony, as well as evidence related to "field identification" cards, was prejudicial error. We agree, and therefore reverse.

In the unpublished portion of the opinion, we reject Iraheta's arguments that addition of the section 246 charge after his successful appeal of his earlier conviction constituted vindictive prosecution and the section 246 conviction was barred by the statute of limitations.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts

a. People's evidence

(i) The December 2002 shooting of Michael Orozco

On December 20, 2002, at approximately 5:30 p.m., Noe Martinez drove his white Honda Civic to the Jr. Market in Inglewood. Inside the market, Jose Tovar, whom Martinez did not know, stared at him, giving him a bad feeling. When Martinez left the market, Tovar…

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