P. v. Castaneda
A jury convicted defendant of two counts of attempted carjacking. (Pen. Code, 664, 215, subd. (a).)[1] In a bifurcated court trial, the court found true allegations that defendant suffered two prior serious felony convictions ( 667, subd. (a)), three prior strike convictions ( 667, subds. (c), (e)(2), 1170.12, subd. (c)(2)), and four prison priors ( 667.5, subd. (a)). The court struck one of the prior strike convictions and sentenced defendant to 35 years to life in prison.
Defendant makes the following contentions on appeal: (1) the evidence was insufficient to convict him of carjacking; (2) he was deprived of his right to confront a prosecution witness; (3) the prosecutor committed prejudicial misconduct, depriving him of a fair trial; and (4) the court erred in allowing a 15 year old witness to testify about why he was scared to testify. Court reject these contentions, and affirm.
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