California Court of Appeal

Conviction and sentence for first degree murder and firearms related charges is affirmed over claim that CALCRIM No. 226 impermissibly lightened the prosecution's burden of proof. Lesser firearm use enhancement is stricken.

Appellate Information

• Decided 09/12/2007
• Published 09/12/2007

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• David Y. Stanley, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Kelly C. Fincher, Deputy Attorneys General, for Plaintiff and Respondent.