P. v. Vargas CA4/1
A jury convicted Raul B. Vargas of second degree murder (Pen. Code, § 187, subd. (a)), rejecting the prosecution's theory of first degree murder and the defense theory of self-defense. The jury also found true the allegation that Vargas personally used a deadly weapon, a knife (§ 12022, subd. (b)(1)). In a bifurcated trial, the trial court found true two prior strike allegations. (§§ 667, subds. (b)-(i), 1170.12.)
The court sentenced Vargas to prison for 46 years to life.
Vargas appeals, contending the trial court made several instructional errors. In addition, he claims his counsel was constitutionally ineffective because he did not impeach a certain witness during trial. Further, Vargas maintains the court erred in using two juvenile adjudications as prior strikes for sentencing purposes. Finally, Vargas asserts cumulative error necessitates reversal. We conclude Vargas's claims lack merit. As such, we affirm.
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