P. v. Lopez CA1/1
Daniel Lopez was convicted of two counts of attempted murder arising out of a bar room shooting. His defense was identity: his counsel maintained the eyewitness identification was unreliable, and his wife testified he was with her.
Defendant raises numerous issues on appeal, primarily regarding eyewitness identification issues, claimed prosecutorial misconduct, erroneous jury instructions, and insufficient evidence to support his conviction. He also contends, and the People concede, that the one-year enhancements imposed for prior prison terms under Penal Code section 667.5 must be stricken. We agree the enhancements should be stricken and the case remanded for resentencing. In all other respects, we affirm.
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