California Court of Appeal

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People v. Jefferson, B192952

In case involving a retaliatory drive-by shooting, convictions for first degree murder of one person and of the attempted murder of another are affirmed over defendants' claims that: 1) it was constitutional error to admit a secret recording of their jail-cell conversation; 2) the trial court's murder instructions violated due process and rendered their trial fundamentally unfair; 3) the court was required to strike, rather than stay execution of, certain sentence enhancements; and 4) the consecutive terms of 25 years-to-life imposed for the vicarious use of a firearm violated equal protection and due process.

Appellate Information

  • Decided 01/07/2008
  • Published 01/07/2008


  • WILEY, J.**


  • California Court of Appeal


  • For Appellees:
  • Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant Kevin Jefferson., Neil Rosenbaum, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant Curtis Staten., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Stephanie C. Brenan, Joseph P. Lee and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.
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