P. v. Urias
Filed 5/2/06 P. v. Urias 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. DAVID URIAS, Defendant and Appellant. | B175873 (Los Angeles County Super. Ct. No. BA225659) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
William R. Pounders, Judge. Affirmed as modified.
Kathy M. Chavez, 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, Susan D. Martynec, Joseph P. Lee and Alan D. Tate, Deputy Attorneys General, for Plaintiff and Respondent.
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SUMMARY
David Urias was found guilty of three counts of attempted premeditated murder and one count each of attempted dissuading of a witness, kidnapping and murder. Special circumstance, gang, firearm and other allegations were also found true. After a mistrial in the penalty phase, the trial court sentenced Urias to state prison for a term of life without possibility of parole, plus three consecutive terms of life with the possibility of parole with concurrent ten-year gang enhancements and an additional 23.5 years as well as a further stayed sentence. Urias claims trial court error in the denial of a continuance, in the admission and restriction of certain evidence, in instructing the jury and in sentencing. With the exception of a sentencing error conceded by the People, we reject all of Urias's claims and affirm.
FACTUAL AND PROCEDURAL SYNOPSIS
Urias was a Primera Flats gang member known as â€
