P. v. Lucatero CA4/1
A jury convicted Alexis Lucatero of attempted murder of A.V. (Pen. Code,
§§ 664/187, subd. (a); count 1), assault of A.V. with a deadly weapon (§ 245, subd. (a)(1); count 2), and vandalism (§ 594, subds. (a), (b)(1); count 3). As to counts 1 and 2, the jury found true that Lucatero committed the felonies for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)); and he personally inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). The court sentenced him to 21 years in state prison.
Lucatero contends that the court abused its discretion by denying his motion to sever counts 1 and 2 from count 3, thus violating his constitutional rights to a fair trial and due process. He also contends we must reverse his attempted murder and assault convictions because they are based solely on the uncorroborated testimony of an accomplice who was granted immunity. We affirm the judgment.
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