California Court of Appeal

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People v. Samaniego, B205512

Conviction for first degree murder is affirmed where: 1) court did not err in the instructions made to the jury in accordance with CALCRIM Nos. 400, 1403 and 224; 2) court did not abuse its discretion by excluding third party culpability evidence; 3) there was sufficient corroborating evidence to support the truthfulness of the accomplice testimony; and 4) trial court erred in excluding expert testimony on gang behavior, but the error was harmless. Case is remanded with directions to correct defendant's abstracts of judgments to reflect that the victim restitution is imposed jointly and severally, and to strike the parole revocation fines.

Appellate Information

  • Decided 04/06/2009
  • Published 04/06/2009

Judges

  • BOREN, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Ralph H. Goldsen, under appointment by the Court of Appeal, Goleta, for Defendant and Appellant Ivan Samaniego., Janyce Keiko Imata Blair, under appointment by the Court of Appeal, El Segundo, for Defendant and Appellant Carlos Perdomo., Eric R. Larson, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant Clifton Christopher Sawyer., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Linda C. Johnson and Michael A. Katz, Deputy Attorneys General, for Plaintiff and Respondent.
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