P. v. Villalobos CA5
On December 4, 2014, an information was filed alleging that, around September 30, 2014, appellant Andy Villalobos committed the offense of carjacking (Pen. Code, § 215, subd. (a)) by taking a motor vehicle from the possession of Marc Valdez against his will, by means of force or fear, and with the intent to permanently or temporarily deprive him of possession of the vehicle. At the conclusion of a jury trial on June 30, 2015, appellant was convicted of the charged carjacking offense. On August 7, 2015, the trial court sentenced appellant to the upper term of nine years. On appeal, appellant contends the prosecutor violated the criminal discovery statutes and his due process right to a fair trial by failing to timely name Bakersfield Police Officer Chad Gross as a witness for the prosecution. Finding no discovery or constitutional violation occurred, we conclude the trial court properly allowed the officer’s testimony and affirm the judgment.
Comments on P. v. Villalobos CA5