Opinion
F066100
02-13-2015
THE PEOPLE, Plaintiff and Respondent, v. ELEZAR MORALES AMBRIZ, Defendant and Appellant.
Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Catherine Chatman, Deputy Attorneys General, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. BF123681A)
OPINION
APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Catherine Chatman, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Defendant Elezar Morales Ambriz was convicted by jury of first degree murder (Pen. Code, § 187, subd. (a)). The jury found true special allegations that he personally used a firearm (§ 12022.5) and discharged a firearm causing great bodily injury or death (§ 12022.53, subd. (d)). The trial court sentenced defendant to a total term of 50 years to life.
On appeal, defendant contends the trial court erred in admitting prior acts of misconduct as impeachment evidence during trial. He further claims the errors violated his right to due process of law. We conclude the erroneous introduction of evidence was prejudicial and reverse the conviction.