PEOPLE v. CABALLERO
Defendant Rodrigo Caballero appeals from the judgment entered following his conviction by jury of three counts of willful, deliberate, and premeditated attempted murder, with findings that he personally and intentionally discharged a firearm, inflicted great bodily injury upon one victim, and committed the crimes for the benefit of a criminal street gang. (Pen. Code, §§ 664/187, subd. (a), 664, subd. (a), 12022.53, subds. (b)-(d), 186.22, subd. (b)(1)(C).)[1] He was sentenced to 110 years to life in state prison. Caballero contends: (1) he was mentally incompetent to waive his right against self‑incrimination; (2) the failure to conduct a competency hearing deprived him of due process; (3) he was denied effective assistance of counsel; (4) there was instructional error; and (5) his sentence constitutes cruel and unusual punishment. In the published portion of the opinion, Court conclude his sentence passes constitutional muster. In the unpublished portion, court reject the remainder of defendant's claims. Accordingly, Court affirm the judgment.
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