Legal Opinion

People v. Herrera

California Court of Appeal

Decided May 16, 2016No. 2d Crim. B261842PublishedCited by 6 opinions

1Opinion of the CourtPerren, J.

*469A jury convicted Richard Arce Herrera of first degree murder and found true an allegation that he personally used a weapon. (Pen.Code, §§ 187, subd. (a), 189, 12022, subd. (b)(1).)1 The trial court sentenced him to prison for 26 years to life with 986 days of presentence custody credit. Herrera contends that the trial court violated his constitutional rights to a fair trial and to present a defense by improperly restricting the psychiatric testimony that he could introduce. We agree and reverse.

FACTUAL BACKGROUND

Prosecution Evidence

Shortly before midnight, Herrera met up with his childhood…

2Cases cited10 opinions

  1. Sargon Enterprises, Inc. v. University of Southern CaliforniaCalifornia Supreme Court · 2012
  2. People v. PearsonCalifornia Supreme Court · 2013
  3. People v. SeijasCalifornia Supreme Court · 2005
  4. People v. WalkerCalifornia Court of Appeal · 2006
  5. People v. Ramirez & VillarrealCalifornia Court of Appeal · 2016

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3Cited by6 opinions

  1. People v. James CA4/2California Court of Appeal · 2021
  2. People v. Ruiz-Lopez CA5California Court of Appeal · 2020
  3. People v. Ruoff CA1/4California Court of Appeal · 2020
  4. People v. ThomasCalifornia Court of Appeal · 2021
  5. People v. Torres CA2/6California Court of Appeal · 2021

1 more not listed; retrieve them via the Exa API.

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