P. v. Oeur
After a jury trial, defendant was found guilty of second degree robbery in violation of Penal Code section 211 with an enhancement under Penal Code sections 12022.53, subdivision (b), and 1192.7 subdivision (c)(8), for using a firearm in the commission of the robbery. Defendant was sentenced to 12 years in state prison.
On appeal, defendant contends his conviction for using a firearm during a robbery must be reversed because his Sixth and Fourteenth Amendment rights were violated when he was denied the opportunity to present his defense that the gun used in the robbery was a BB gun. Defendant contends that the cumulative effect of the following errors led to a violation of his Sixth and Fourteenth Amendment rights: (1) he was precluded from presenting expert testimony and photographs; (2) his examination of an expert witness was improperly limited; and (3) the trial court made an improper comment regarding the victims testimony. Defendant also contends that any errors should be reviewed under the standard set forth in Chapman v. California (1967) 386 U.S. 18, 24 [87 S.Ct. 824, 17 L.Ed.2d 705]. Court have found no errors in the actions of the trial court. Therefore, Court find no violation of defendants Sixth and Fourteenth Amendment rights. The judgment is affirmed.
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