P. v. Franco
Filed 5/15/06 P. v. Franco CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. ALFREDO FRANCO, Defendant and Appellant. | B182341 (Super. Ct. No. VA073968) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Robert J. Higa, Judge. Affirmed.
Law Offices of Norman Cousins Sasamori and Norman Cousins Sasamori for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.
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In an appeal from the judgment, Alfredo Franco challenges the trial court's denial of his motion for new trial which he based on claims of insufficiency of the evidence, denial of his right to a fair trial (by the exclusion of a witness's testimony), and ineffective assistance of counsel. We affirm.
FACTS AND PROCEEDINGS BELOW
I. The Charges
An information charged Erick Cisneros, Francisco Teran and appellant Alfredo Franco with murder[1] (count 1), attempted willful, deliberate and premeditated murder[2] (count 2), robbery[3] (count 3) and attempted robbery[4] (count 4). The information also charged Franco with unlawful possession of ammunition[5] (count 5) and possession of a firearm by a felon[6] (count 6). For purposes of counts of 5 and 6, Franco admitted a prior felony conviction for burglary. Citing section 186.22, subdivision (b)(1), the information alleged all offenses were â€
