P. v. Munoz
Filed 6/15/06 P. v. Munoz CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE
| THE PEOPLE, Plaintiff and Respondent, v. NERI MUNOZ, Defendant and Appellant. | B184114 (Los Angeles County Super. Ct. No. BA235834) |
APPEAL from a judgment of the Superior Court of the County of Los Angeles, Ruffo Espinoza, Jr., Judge. Modified and affirmed as modified.
Mark S. Shapiro, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Mary Sanchez, Supervising Deputy Attorney General, Stephanie A. Miyoshi, Deputy Attorney General, for Plaintiff and Respondent.
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Defendant and appellant Neri Munoz (defendant) appeals his conviction by a jury of murder and robbery. Defendant contends his conviction must be reversed because trial counsel's failure to object to the admission into evidence of defendant's out of court statement that he needed money to travel to El Salvador was ineffective assistance of counsel; the trial court committed prejudicial error by admitting certain hearsay testimony concerning a witness's interview with the police, as well as an audiotape of that interview; the trial court erred by admitting evidence concerning an alleged prior uncharged offense; and the cumulative effect of these errors was prejudicial, denying defendant due process and a fair trial. Defendant further contends that a $10,000 parole revocation fine imposed by the trial court must be vacated. We reject all of defendant's arguments except that we hold the trial court erred by imposing a $10,000 parole revocation fine when defendant was sentenced to life imprisonment without the possibility of parole. The abstract of judgment shall be amended to vacate that fine.
BACKGROUND
Manuel Rivas, the manager of a pawn shop on South Vermont Avenue in Los Angeles, was shot and killed outside the pawn shop on the morning of January 12, 2002. Mikhail Belyavtsev, a fellow employee, was with Rivas on the day he was shot. While Belyavtsev was opening the door to the shop, a car pulled up, and a gunman dressed in dark jeans and a dark jacket exited the vehicle and said, â€
