P. v. Alvarez CA4/3
A jury convicted Daniel Alvarez of first degree murder and possession of a firearm by a probationer. Defendant was found to have personally discharged a firearm causing death in the commission of the murder. The court sentenced defendant to an indeterminate term of 50 years to life.
Defendant asserts the court abused its discretion by denying his motions to strike a witnesses’ testimony and for a mistrial, the prosecutor committed misconduct, defense counsel rendered ineffective assistance of counsel, and insufficient evidence supports the verdict.
We conclude the court erred by denying defendant’s motion to strike, but the error is harmless beyond a reasonable doubt. We reject defendant’s remaining contentions and affirm the judgment.
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