P. v. Herrera
Filed 8/18/06 P. v. Herrera CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. JOSE RAMIRO HERRERA, Defendant and Appellant. | G035334 (Super. Ct. No. 02NF0271) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Kazuharu Makino, Judge. Affirmed.
Brett Harding Duxbury, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Rhonda Cartwright-Ladendorf and Taylor Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
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Jose Ramiro Herrera challenges his convictions for second degree murder and attempted voluntary manslaughter. He contends the trial court erred in admitting hearsay evidence of a coconspirator and giving certain jury instructions.
We conclude the trial court properly admitted the hearsay evidence under the coconspirator exception to the hearsay rule, and that the challenged instructions correctly stated the law and were supported by the evidence introduced at trial. Accordingly, we affirm.
I
Factual and Procedural Background
Defendant gave a stereo speaker to an acquaintance, David Alexandre, asking him to â€
