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P. v. Calderon

P. v. Calderon
07:31:2006

P. v. Calderon



Filed 7/27/06 P. v. Calderon 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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.


JAVIER LOPEZ CALDERON,


Defendant and Appellant.



G035359


(Super. Ct. No. 83CF01254)


O P I N I O N



Appeal from a judgment of the Superior Court of Orange County, Carla M. Singer, Judge. Affirmed as modified.


Jeffrey J. Stuetz, 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, Erika Hiramatsu and Heather F. Crawford, Deputy Attorneys General, for Plaintiff and Respondent.


* * *


Javier Lopez Calderon appeals from the judgment sending him to prison for 19 years to life after a jury found him guilty of using a gun to murder Daniel Mejia in 1983. (See Pen. Code, §§ 187 subd. (a), 12022.5, subd. (a).) Calderon contends that the trial court erroneously admitted his incriminatory statements into the trial after an allegedly abbreviated hearing. He also argues the trial court erred when it denied him the opportunity to rely on duress as a defense to the murder charge and instructed the jury to that effect. He also maintains the verdict forms were improper, resulting in the jury having an â€





Description A decision regarding guilty of using a gun to murder, appellant contends that the trial court erroneously admitted his incriminatory statements into the trial after an allegedly abbreviated hearing.The judgment is affirmed with modifications.
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