People v. Rojas

Opinion

THE COURT.

Abel Magleno Rojas and Arthur Nester Ramirez appeal from judgments upon jury convictions of assault with a deadly weapon in two counts as to each defendant (Pen. Code, § 245) and, as to Ramirez only, of use of a firearm in the commission of the assaults (Pen. Code, § 12022.5). Rojas alone contends that the court erred in denying his motion to enter a plea of once in jeopardy due to discharge of the jury upon its failure to reach a verdict in a prior trial. Both defendants urge prejudicial error when, because the prosecution’s chief witness who had been granted immunity…