P. v. Valladares
This case concerns a drive-by shooting involving multiple victims. The jury convicted appellant, Oscar Valladares, of one count of murder, three counts of willful, deliberate and premeditated attempted murder, one count of shooting from a motor vehicle and one count of shooting at a person from a motor vehicle. The jury found true allegations appellant personally and intentionally discharged a firearm in the commission of the offenses and personally and intentionally discharged a firearm causing death. He appeals his convictions claiming (1) the three eyewitness/victims presented perjured testimony; (2) the prosecutions rebuttal witness was a surprise witness whose testimony unduly prejudiced his defense, and in addition, was perjurious; (3) trial counsel was ineffective for failing to request a recess to investigate the rebuttal witnesss proposed testimony and for failing to secure an expert to testify a gunshot fired from a car could not have been the fatal shot because a shot fired from a car 15 feet away could not have entered the victims body and traveled downward through his body toward his feet as the coroner testified. Court affirm.
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