Fear Not Law Articles: P. v. Galvan

P. v. Galvan

Filed 1/19/07 P. v. Galvan CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THIRD APPELLATE DISTRICT

(San Joaquin)

THE PEOPLE,

Plaintiff and Respondent,

JAMES HENDRICK GALVAN,

Defendant and Appellant.

C049336

(Super. Ct. No. SF086081A)

Defendant James Hendrick Galvan appeals from the judgment after a jury convicted him of first degree murder and found he personally and intentionally discharged a firearm that caused death. (Pen. Code, §§ 187, 12022.53, subd. (d).)^{^[1]} The trial court found that defendant had two prior serious felony convictions (§§ 667, subd. (a)(1)), 1170.12, subd. (b)) and had two prior prison terms. (§ 667.5, subd. (b).)^{^[2]} Defendant was sentenced to a prison term of 50 years to life plus a consecutive term of 30 years to life for the firearm and prior conviction enhancements.

On appeal, defendant contends the trial court erred by excluding evidence of third party culpability and by giving CALJIC No. 2.03. We find no error and shall affirm the judgment.

FACTUAL BACKGROUND

A. Prosecution's Case

Around 12:30 a.m. on August 4, 2002, Alejandro Salazar was standing in front of a house located at 1803 Milton Street in the City of Stockton, speaking to Reyna Perez by cell phone.^{^[3]} While speaking to her, he said â€

Description	Defendant appeals from the judgment after a jury convicted him of first degree murder and found he personally and intentionally discharged a firearm that caused death. (Pen. Code, SS 187, 12022.53, subd. (d).) The trial court found that defendant had two prior serious felony convictions (SS 667, subd. (a)(1)), 1170.12, subd. (b)) and had two prior prison terms. (S 667.5, subd. (b).)[2] Defendant was sentenced to a prison term of 50 years to life plus a consecutive term of 30 years to life for the firearm and prior conviction enhancements. On appeal, defendant contends the trial court erred by excluding evidence of third party culpability and by giving CALJIC No. 2.03. Court find no error and affirm the judgment.
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