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THE PEOPLE v. LUIS ARMANDO DOMINGUEZ

November 29, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
LUIS ARMANDO DOMINGUEZ, DEFENDANT AND APPELLANT.



Appeal from a judgment of the Superior Court of Orange County, Daniel Barrett McNerney, Judge. Affirmed. (Super. Ct. No. 06CF1451)

The opinion of the court was delivered by: Fybel, J.

P. v. Dominguez

CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

INTRODUCTION

Arturo Rubio testified against Luis Armando Dominguez in Dominguez's criminal trial. Dominguez asked the trial court for permission to question Rubio about Rubio's deportation status, arguing information related to Rubio's status was relevant to his credibility. The court precluded Dominguez from asking Rubio about his deportation status. The jury convicted Dominguez of attempted voluntary manslaughter and found he had personally used a firearm in committing that crime.

Dominguez appeals, contending the trial court erred by abusing its discretion under Evidence Code section 780 and by violating his right to confront witnesses under the Sixth and Fourteenth Amendments to the United States Constitution. We conclude any error was harmless beyond a reasonable doubt, and therefore affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On the evening of May 9, 2006, Dominguez shot at Rubio six times, hitting Rubio in his back and the back of his right leg. The two primary witnesses at trial were Rubio and Dominguez. Their testimony regarding how and why the shooting occurred differed significantly.

Rubio's Testimony

Rubio testified that on the day of the shooting, he was walking back home from a 7-Eleven store when he realized someone was following him. Rubio turned and saw Dominguez behind him. Rubio started running. Dominguez ran after Rubio and started to shoot at him. Rubio was shot in the back and fell to the ground. Rubio was also shot in the back of his right leg. Rubio heard approximately six gunshots. As Rubio lay on the ground, Dominguez attempted to continue shooting, but ran out of bullets. When Dominguez left, Rubio got up and ran home. Rubio testified he was unarmed and did not threaten Dominguez in any way.

Rubio believed Dominguez shot him because of Rubio's relationship with Dominguez's sister, A. In 2005, Rubio began dating A.; at the time, Rubio was 27 years old and A. was 16 or 17 years old. They had a sexual relationship and used methamphetamine together while they were dating. Dominguez did not like Rubio because he felt Rubio was too old for ...


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