P. v. Molina
Court review this case for a second time. Defendant and appellant Richard Molina was originally sentenced to 40 years to life in prison for the second degree murder of Stephen Clawson with the personal and intentional discharge of a firearm (Pen. Code, 187, subd. (a), 12022.53, subd. (d)). On his first appeal, we reversed the judgment because Molinas constitutional rights had been violated by the admission into evidence of his coerced confession. (People v. Molina (March 3, 2004. B163395) [nonpub. opn.].) After the remittitur issued and the matter was set for retrial, Molina moved to exclude evidence of the gun used to shoot Clawson, arguing that the discovery arose from his coerced confession (Evid. Code, 402). The trial court held an evidentiary hearing and denied the motion. Molina entered a negotiated plea of guilty to voluntary manslaughter, with admissions he had committed the offense for the benefit of a criminal street gang and had used a firearm (Pen. Code, 192, subd. (a), 186.22, subd. (b)(1), 12022.5, subd. (a)). The trial court sentenced Molina in accordance with his plea agreement to an aggregated state prison term of 31 years. Molina now contends his motion to exclude evidence of the gun used to kill Clawson was erroneously denied. Court disagree and affirm the judgment of conviction.
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