P. v. Figueroa CA2/1
Following a bench trial, the trial court found Emeterio Figueroa guilty of the execution-style murder of developmentally-disabled Duke Herrera, who possessed the mental capacity of a 12-year-old. Figueroa lived in a riverbed homeless encampment, carried guns, abused substances, and was known to behave erratically. The murder occurred at night while Herrera was riding his bicycle home from a movie along the bank of the riverbed. In addition to murder (count 1), Figueroa was convicted of assault with a firearm on John Doe (count 2), and possession of a firearm (count 4). He raises a host of challenges on appeal, which we address seriatim.
Figueroa first argues that his jury trial waiver was not knowing and intelligent, but this contention is belied by the totality of circumstances, most notably the waiver colloquy between Figueroa and the prosecutor.
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