P. v. Vasquez
An information charged defendants Juan Carlos Posadas and Maurice A. Vasquez with one count of kidnapping (Pen. Code, 207, subd. (a))[1] and alleged that each had personally used a firearm in the commission of that offense ( 12022.53, subd. (b)). In addition, both defendants were charged with possession of a firearm by a felon ( 12021, subd. (a)(1)) and Posadas was charged with attempting to dissuade a witness ( 136.1, subd. (a)). Defendants admitted the prior conviction allegations contained in the information. Posadas, who had a prior strike conviction ( 667, subds. (b)-(i), 1170.12) and a prior serious felony conviction ( 667, subd. (a)), was sentenced to 25 years in prison. The court sentenced Vasquez, who had one prison prior ( 667.5, subd. (b)), to 19 years in prison.
On appeal, defendants jointly argue that the prosecutor committed misconduct and that the trial court made erroneous evidentiary rulings. Posadas claims that the court erred by rejecting his new trial motion and Vasquez argues that the court erred under Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) and Blakely v. Washington(2004) 542 U.S. 296 (Blakely) by sentencing him to the aggravated term for the kidnapping. By way of petitions for habeas corpus, both defendants claim that their attorneys provided ineffective assistance of counsel. We have previously ordered the matters considered together for the purpose of briefing, oral argument, and decision. For reasons Court explain, Court affirm the judgments and deny the writ petitions.
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