California Court of Appeal

In case involving gang members mistaking victim for being a member of a rival gang, conviction and sentence for conspiracy to commit murder, first degree murder, street terrorism, finding that crimes were committed for benefit of a criminal street gang, is affirmed where independent evidence sufficiently corroborated accomplice testimony. However, trial court should have stayed 25-to-life concurrent sentence and 8-month consecutive sentence.

Appellate Information

• Decided 10/06/2006
• Published 10/06/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Ronald A. Jakob and Jennifer A. Jadovitz, Deputy Attorneys General, for Plaintiff and Respondent.