California Court of Appeal

Reset A A Font size: Print

PEOPLE v. HARPER, D038973

Conviction of first degree murder committed for the benefit of a criminal street gang must be reversed because CALJIC No. 17.41.1 was given. Court erred in imposing a 10-year criminal street gang enhancement rather than imposing the alternate criminal street gang penalty of a 15-year minimum term on his parole eligibility.

Appellate Information

  • Decided 06/06/2003
  • Published 06/06/2003

Judges

  • McCONNELL, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Anthony J. Dain, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Douglas P. Danzig and Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.
Copied to clipboard