Filed 6/23/21 P. v. Dominguez CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F078971 Plaintiff and Respondent, (Super. Ct. No. BF172104A) v. MANUEL FERNANDO DOMINGUEZ, OPINION Defendant and Appellant. APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. Linnéa M. Johnson, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- INTRODUCTION Following retrial, appellant Manuel Fernando Dominguez was convicted by jury of second degree robbery (Pen. Code,1 § 212.5, subd. (c)). Pursuant to a bench trial, the court found Dominguez had suffered four prior convictions that qualified as strikes (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)); that these prior convictions were prior serious felonies (§ 667, subd. (a)); and that he had served a prior prison term (§ 667.5) for two of his prior convictions. Dominguez was sentenced to a prison term of 25 years to life. Dominguez raises the following issues on appeal: (1) the trial court erred in denying his motion to exclude statements he involuntarily made to police in violation of Miranda v. Arizona (1966) 384 U.S. 436 (Miranda); (2) the trial court abused its discretion by excluding evidence of the victim’s prior felony convictions; (3) the trial court abused its discretion by denying his motion for a new trial; (4) the prejudicial effect of these cumulative errors necessitates reversal of his conviction; and (5) this case must be remanded back to the trial court for the correction of sentencing errors. The judgment of conviction is affirmed. The case is remanded back to the trial court for the correction of errors identified herein. PROCEDURAL HISTORY On October 9, 2018, the Kern County District Attorney’s Office filed an amended information charging Dominguez with second degree robbery (§ 212.5, subd. (c), count 1) and possession of drug paraphernalia (Health & Saf. Code, § 11364, count 2). With respect to count 1, the information alleged that in case No. RIF097247, Dominguez had suffered two prior convictions for burglary (§ 459), one of which was a strike (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)); both were prior serious felonies (§ 667, subd. (a)); and that for one burglary, he had served a prior prison term (§ 667.5, 1 All undefined statutory citations are to the Penal Code unless otherwise indicated. 2. subd. (b)). As to this same count, the information further alleged that in case No. 04NF1722, Dominguez had suffered prior convictions for attempted robbery (§§ 664/211), robbery (§ 211), and two convictions for assault …
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