Almeda

People v. Almeda

Bad Law
19 Cal. App. 5th 346·228 Cal. Rptr. 3d 48
Court of Appeal of CaliforniaJanuary 12, 2018C077141California8,622 words

Opinion

lead Opinion

Nicholson, J.

*52 *349 Defendants Rodolfo Simon Villa and Michael John Almeda appeal from their convictions of first degree murder. They both contend the trial court erred by admitting evidence of Villa's jailhouse confession and by failing to instruct on the lesser included offense of voluntary manslaughter. Villa also contends the court erred by admitting uncharged offense evidence. Almeda further contends the court erred by denying his motion for severance. Both defendants assert cumulative error.

We affirm the judgments in their entirety.

FACTS

Brandishing and shooting

At approximately 4:00 p.m., January 17, 2013, Villa and Almeda approached three boys who were playing basketball at a park. They stood at the court and stared at the boys. An angry conversation ensured, and defendants displayed guns in their waistbands. Almeda pulled out his gun and held it at his side.

After the argument, defendants walked to an older model red car. Almeda pulled a gun out of the car. He entered the car on the driver's side, and Villa entered it on the passenger side. They drove away. No one else was with them.

*350 At approximately 5:00 p.m. the same day, Alex Chavez and his girlfriend, Jacqueline…

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