California Court of Appeal

Defendants' murder conviction is affirmed over their claim that California's murder statute does not apply to the killing of a fetus that, even absent criminal intervention, would not have survived until birth due to a fatal physical or medical condition.

Appellate Information

• Decided 02/04/2005
• Published 02/04/2005

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Charles M. Bonneau, under appointment by the Court of Appeal, for Defendant and Appellant Elisio Valdez., Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant Johnnie Ray Peraza., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Stephen G. Herndon and David Andrew Eldridge, Deputy Attorneys General, for Plaintiff and Respondent.