P. v. Aguirre
Richard Aguirre and Scott Gleason appeal from judgments imposed after a joint trial in which Aguirre was convicted of the first degree murders of Joseph Torres, Alan Downey, and Raul Rodriguez, with a finding of personal firearm use in Downeys murder, and Gleason was convicted of the first degree murder of Rodriguez, with a finding of personal firearm use and a special circumstance finding that Rodriguez was intentionally killed because he was a witness to a crime (see Pen. Code, 190.2, subd. (a)(10); undesignated section references are to that code).[1] Aguirre was sentenced to a term of 79 years to life, and Gleason was sentenced to a term of life without possibility of parole, plus 10 years.
The parties raise the following contentions: (1) Testimony by the principal prosecution witness as to hearsay statements by appellants infringed their constitutional rights to confrontation; (2) It was error not to strike a gang experts opinion that Aguirre was a shot-caller, because the defense lacked access to surveillance transcripts on which the opinion was based; (3) There was insufficient evidence to establish the special circumstance; (4) Due process required that the prosecutions chief witness be corroborated; (5) The parole revocation fine imposed on Gleason was unauthorized; and (6) appellants are entitled to presentence conduct credit.
Court find merit only in the two sentencing-related contentions. After modifying the judgments accordingly, court affirm them.
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