People v. Franco

Opinion

WOODS (Fred), J.

Convicted by jury of first degree murder (Pen. Code, 1 §§ 187, 12022, subd. (a)(1)) and sentenced to state prison for 26 years to life, appellant contends prosecutorial misconduct, instructional errors, and an abuse of sentencing discretion require a reversal of the judgment. We find no error and affirm.

Procedural Background

Jose Walter Franco (appellant), George Farias, and Augustine Gallardo were charged with the October 15, 1989, murder of Luis Arevalo. It was alleged that Gallardo used a firearm, a .22-caliber rifle, in the commission of the murder (§ 12022.5) and…