P. v. Gonzalez CA5
A jury convicted appellant Gustavo Patino Gonzalez of second-degree robbery and conspiracy to commit robbery. Appellant later pled no contest to a count of assault with a firearm on which the jury had previously deadlocked, and admitted allegations he had suffered a prior strike and a prior serious felony conviction. Appellant was sentenced to a total prison term of 15 years for his current convictions. On appeal, appellant contends the trial court erred in denying his motion for a new trial based on newly discovered evidence under Penal Code section 1181, subdivision 8. He further contends the court’s denial of his new trial motion resulted in a prejudicial denial of his federal and state constitutional rights to a fair trial and due process of law, requiring reversal of his jury convictions of second-degree robbery and conspiracy to commit robbery. We reject these contentions and affirm the judgment.
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