P. v. Cristobal
Defendant appeals from the judgment entered following a jury trial resulting in his convictions of four counts of attempted willful, deliberate and premeditated murder, one count of firing into an occupied motor vehicle, and four counts of assault with a firearm. The jury also found true various allegations that a principal had used and discharged a firearm in the commission of the attempted murders and that the offenses were committed in association with or for the benefit of a street gang. The trial court sentenced defendant to concurrent terms of life for counts 1, 2, 3 and 4 and enhanced each base term with a determinate term of 20 years for the discharge of a firearm.
On appeal, Defendant contends that (1) Officer’s expert opinion testimony was inadmissible and denied him due process because it addressed the ultimate facts in the case and thus invaded the province of the jury; (2) the prosecution’s use of irrelevant and highly prejudicial evidence that the witnesses were fearful denied him a fair trial; (3) the trial court erred and denied him due process by permitting the parties to engage in further final argument after deliberation inquiries indicating that the jurors were confused about the legal concept of aiding and abetting.
Judgment Affirmed.
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