P.

P. v. Noriega CA2/4

Good Law
Court of Appeal of CaliforniaMarch 18, 2013B236018California5,205 words

Opinion

Opinion

Suzukawa, J.

INTRODUCTION

A jury convicted defendant Luis Miguel Noriega of second degree murder (Pen. Code, § 187, subd. (a)) (count 1), evading an officer causing death (Veh. Code, § 2800.3, subd. (b)) (count 2), leaving the scene of an accident causing death (Veh. Code, § 20001, subd. (a)) (count 3), unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a)) (count 4), and receiving stolen property (Pen. Code, § 496d, subd. (a)) (count 5). Noriega waived his right to a jury trial and admitted that he had a prior conviction for receiving stolen property, a motor vehicle, and unlawful taking of a vehicle (Pen. Code, §§ 666.5, 496d; Veh. Code, § 10851). Noriega was sentenced to 20 years to life in state prison, consisting of 15 years to life on count 1; the midterm of four years on count 2, to run concurrently to count 1; the upper term of four years on count 3, to run consecutively to count 1; one-third the midterm of three years, or one year, on count 4, to run consecutively to count 3; and the midterm of three years on count 5, to run concurrently to count 1. Noriega contends on appeal that the trial court erred by admitting into evidence as a business record a report…

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