P. v. Fuentes CA4/1
Defendant and appellant Juan Fuentes shot Roy Craddock in the head six times at close range. The crime was captured on surveillance video. Fuentes was convicted of first degree murder with personal use of a handgun, which he personally discharged, causing death. (Pen. Code, §§ 187, subd. (a), 12022.53, subds. (b), (c) & (d).) The jury found true that Fuentes had one prior serious or violent felony conviction. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) The trial court sentenced Fuentes to an indeterminate term of 80 years to life.
Fuentes raises issues of sufficiency of the evidence, admission of gang evidence, failure to bifurcate the trial on his prior conviction, instructional error on intimidating a witness, prosecutorial error at closing argument, a five-year prior serious felony conviction enhancement, and cumulative error. We remand with directions and otherwise affirm the judgment.
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