P. v. Farfan CA2/2
Josue Farfan and his brother Edgar Farfan (defendants) were convicted by jury of murder (Pen. Code, § 187, subd. (a)), kidnapping for robbery (§ 209, subd. (b)(1)) and second degree robbery (§ 211). The jury found true the special circumstances allegation that the murder was committed while the defendants were engaged in the commission of a robbery. (§ 190.2, subd. (17).) The trial court sentenced both defendants to life in prison without the possibility of parole (LWOP) plus five years for the robbery conviction. The court stayed the sentence for the kidnapping conviction pursuant to section 654.
Defendants appeal from the judgment of conviction. Josue contends the trial court erred in compelling his wife, Jennifer Medina to testify and also erred in admitting Edgar’s pretrial statement to police. Josue also contends the abstract of judgment must be corrected to match the trial court’s oral pronouncement of sentence.
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