People v. Ocegueda
Annotate this CaseDefendant shot Garcia multiple times in the chest and abdomen at a New Year’s Eve party. A jury found defendant guilty of attempted murder, assault with a firearm and dissuading a witness and found true firearm enhancements as to each offense, but found not true all alleged gang enhancements and an allegation that the attempted murder was willful, deliberate, and premeditated. The trial court imposed an aggregate term of 37 years to life in prison. The court of appeal remanded for resentencing, The trial court erred in failing to instruct the jury it could consider evidence of defendant's mental disabilities with respect to his claim of imperfect self-defense, but the error was harmless. The Attorney General conceded that the court erred in imposing a full consecutive term for the assault conviction rather than one-third the middle term as required by Penal Code section 1170.1. The court rejected claims that the trial court erred by allowing the prosecution to present a firearms expert as a rebuttal witness and that trial counsel was ineffective in failing to move for exclusion of his pretrial statement to police on the ground that the police failed to properly advise him of his Miranda rights.
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