People v. Guerrero

Defendant was convicted, after jury trial, of 1st degree murder and sentenced to 45 years. Prosecutor, in rebuttal closing argument, pointed out defense expert's memory lapses and criticized substance of her testimony and her alleged failure to write a report in the case. The expert's pay and exhortations to use common sense were proper subjects of argument. Remarks of prosecutor, in closing argument, were not error. Sentence was not excessive, compared to that of codefendants; court found that Defendant was the "leader of the pack", and he was armed with the bat that struck the first blow that knocked the victim down and allowed others to continue the attack. (REYES< concurring; LAMPKIN, specially concurring.)