P. v. Lopez
Appellants Anthony J. Lopez and Christian Hernandez appeal from their judgments of convictions. The two were tried jointly, but to separate juries. Both were found guilty of first degree murder of Raymond Jaimez (count 1) and willful, deliberate and premeditated attempted murder of Raul Magana (count 2). In addition, enhancements for personal use of a firearm and infliction of great bodily injury were found true as to Hernandez for count 1; the same allegations were found true as to Lopez for count 2.
On appeal, each defendant presents claims of prosecutorial misconduct (vouching), error with respect to the handling of questions asked by jurors, and improper admission of gang evidence. Lopez also presents a claim of instructional error, and Hernandez argues the trial court erred in admitting DNA evidence and in removing a sitting juror during the deliberation phase of the trial. Court find no error, and affirm the convictions in full.
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