P. v. Ortega
A jury found Carlos Ivan Ortega guilty of one count of first degree murder (Pen. Code, S 187, subd. (a)), one count of first degree burglary (id., SS 459, 460, subd. (a)), and one count of first degree robbery (id., SS 211, 212.5). The trial court sentenced Ortega to a prison term of 25 years to life for the murder conviction, and stayed imposition of sentence on the other counts pursuant to Penal Code section 654.
Defendant challenges his conviction on one ground: He contends the "six pack" photographic lineup, from which three witnesses identified him soon after the crime, was impermissibly suggestive because his photograph's background was lighter and of a different color than the others. Court have carefully examined the photographic lineup, received in evidence as exhibit 49, and conclude the lineup was not impermissibly suggestive. In addition, court conclude the identification was reliable under the totality of the circumstances. Court therefore affirm the judgment.
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