P. v. Navarro
Filed 5/17/06 P. v. Navarro CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JACOBO NAVARRO, Defendant and Appellant. | A106805 Contra Costa County Super. Ct. No. 5-040171-1 |
| In re NAVARRO on Habeas Corpus | A112188 |
INTRODUCTION
Appellant Jacobo Navarro seeks reversal of his jury conviction for second degree murder and the sentence enhancement for use of a firearm in the commission of the offense. We reject appellant's contentions and affirm the conviction and sentence enhancement in all respects. We also deny appellant's petition for writ of habeas corpus.
BACKGROUND
Ignacio Gonzalez was shot to death in the parking lot of a residential building in Pittsburg, California on October 26, 2003. Appellant was subsequently charged by information with one count of murder in violation of Penal Code section 187, and it was alleged that he personally used a firearm in the commission of the offense in violation of Penal Code section 12022.53, subdivision (b).
Appellant was tried before a jury. There were a number of eyewitnesses to the shooting, several of whom were members of the same family. Appellant and S.R. visited the parking lot where Gonzalez was shot twice on the day of the shooting. During their first visit, C.A. and J.A., who were husband and wife, specifically heard S.R. tell appellant to open the trunk of the vehicle they were driving. J.A. recalled S.R. saying something like, â€
