PEOPLE v. ROA
Appellant Alejandro Roa was convicted by jury of carjacking (Pen. Code, § 215; undesignated section references are to that code), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), with a finding that he personally used a firearm in the carjacking (§ 12022.53, subd. (b)). Sentenced to a term of 15 years, appellant contends that the evidence he used a firearm during the offense was insufficient. Respondent opposes this contention and also asserts that the abstract of judgment should be corrected in various respects. We conclude that substantial evidence supports the firearm enhancement. In so doing, we consider factors concerning out-of-court identifications that were articulated in People v. Cuevas (1995) 12 Cal.4th 252 (Cuevas). We affirm the judgment, after modifying it in accordance with one of respondent's requests.
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