California Court of Appeal

Convictions for first degree murder of deceased accomplice under provocative act theory and attempted first degree murder of the victim are affirmed where: 1) substantial evidence supported the conviction for murder based on the provocative act theory; 2) conviction of first degree murder is supported by a jury's finding that the attempted murder of the victim was deliberate and premeditated; 3) an instruction on the provocative act theory did not constitute prejudicial error; and 4) there was no error in excluding evidence of one of the defendant's blood alcohol level and in not instructing the jury on voluntary intoxication.

Appellate Information

• Decided 03/18/2008
• Published 03/18/2008

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Maria Morrison, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant, Reyas Concha., Diana M. Teran, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant, Julio Hernandez., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Stephanie A. Miyoshi, Deputy Attorney General, for Plaintiff and Respondent.