People v. Corral

Defendant, age 16 at time of offense, was convicted, after jury trial, of 1st degree murder and personally discharging a firearm in connection with shooting death of victim. Court sentenced Defendant to 31 years, and exercised its discretion and did not impose the 25-year firearm enhancement based on jury's finding that Defendant personally discharged a firearm causing the victim's death. Court took into full consideration Defendant's youth, its attendant circumstances, and pertinent factors. Court did not err in prohibiting Defendant's identification and memory expert from testifying and rendering her opinion as to the reliability of eyewitness' identification, as such testimony is a function of the jury. Defendant was one of only 3 persons who met eyewitness' pervious description fo the shooter, but Defendant failed to present argument or authority that a 3-person lineup is unduly suggestive. Thus, court did not err in denying Defendant's motion to suppress identification. (McBRIDE and GORDON, concurring.)