P. v. Reyes
Gerardo Reyes appeals from the judgment imposed after a jury convicted him of first degree murder (Pen. Code, 187; undesignated section references are to that code), and found that the murder was committed to prevent the victim from testifying ( 190.2, subd. (a)(1)), and that appellant personally used a firearm ( 12022.5, subd. (a)(1)). Appellant was sentenced to a term of life without possibility of parole, plus four years. He contends that (1) the plea agreement of his co-defendant, under which he testified against appellant, was coercive of that testimony and denied appellant due process and a fair trial; (2) the court erred in allowing an opinion that vouched for the testimony of a prosecution witness; and (3) appellant is entitled to pretrial custody conduct credits.
We have concluded that appellants codefendants plea agreement was unduly coercive of the content of his testimony, depriving appellant of a fair trial. We accordingly reverse the judgment. We also explain that appellant was entitled to pretrial conduct credits.
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