People v. Venegas
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Defendants Venegas and Santana appealed their convictions and sentences related to the murder of Fabian Acevedo. The Court of Appeal rejected Venegas's claims of evidentiary errors and held that the trial court did not err by imposing a concurrent term on count two instead of staying the sentence under Penal Code section 654.
The court also held that the evidence was sufficient to support Santana's conviction for aiding and abetting the murder; the trial court gave a proper reasonable doubt instruction; the trial court correctly cited People v. Nguyen (2015) 61 Cal.4th 1015, 1073, in support of admitting evidence of a disassembled assault rifle and magazines found at Venegas's house; and, although Senate Bill 1393 applies to Santana retroactively, remand was unnecessary. Finally, the court declined sentencing remands under Senate Bill 620, and held that defendants have forfeited their arguments regarding fines and fees. Accordingly, the court affirmed the judgments.
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