P. v. Salazar CA2/4
A jury convicted appellant Joseph Salazar of the second degree murder of Sergio Guzman, and found true that he intentionally discharged a firearm causing death and that the crime was committed for the benefit of a criminal street gang. (Pen. Code, §§ 187, subd. (a), 12022.53, subd. (d), & 186.22, subd. (b)(1)(C).) He was 16 years old at the time of the crime, but 22 years old at the time of trial and sentencing. The trial court sentenced him to 40 years to life in state prison. He appeals from the judgment of conviction, contending that the trial court erred in: (1) admitting two recordings, made while appellant was in custody awaiting trial, in which he expressed a willingness to plead guilty to a determinate term to avoid a life sentence; (2) conditioning the admissibility of excluding expert testimony on why innocent defendants consider pleading guilty on appellant taking the stand; and (3) refusing to instruct the jury on third-party culpability.
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