P. v. Escalon CA5
A jury convicted appellants Richard Victor Escalon and Marcos Gonzalez, Jr. of first degree murder (Pen Code, § 187, subd. (a)) for the death of Christopher Michael Zuniga, finding true that appellants both personally used a deadly weapon. Gonzalez was sentenced to 28 years to life in prison and Escalon was sentenced to 31 years to life.
On appeal, they claim that Gonzalez’s statements to police were improperly used against him at trial. They further assert that the trial court erred in failing to instruct on attempted murder, and the court abused its discretion in permitting introduction of certain trial evidence. Finally, they claim prosecutorial misconduct. We affirm.
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