People v. McCarter CA1/3

Good Law
Court of Appeal of CaliforniaApril 26, 2022A164258California4,471 words

Opinion

Opinion

Fujisaki, J.

Filed 4/26/22 P. v. McCarter CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A164258

v. BRYAN LEE MCCARTER, (Fresno County Super. Ct. No. F19900477) Defendant and Appellant.

A jury found defendant Bryan Lee McCarter guilty of attempted carjacking (Pen. Code, §§ 664, 215, subd. (a)),1 and the trial court sentenced him to 30 years to life in prison.2 On appeal, defendant argues that the trial court (1) erroneously admitted a witness’s opinion testimony, (2) abused its discretion by refusing to strike one of defendant’s prior felony strike convictions, and (3) violated the federal and state constitutional prohibitions against cruel and unusual punishment. We affirm.

Further statutory references are to…

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