California Court of Appeal

A conviction for second degree murder and of conspiracy to commit assault with force likely to cause great bodily injury is affirmed over claims of error regarding: 1) a failure to instruct on the theory of supervening cause; 2) whether the burden of proof was shifted to defendant on the question of withdrawal by an aider and abettor; 3) a failure to dismiss the grand jury indictment for insufficient probable cause; 4) admission and instruction on predicate felonies needed for purposes of a gang enhancement; and 5) racially discriminatory jury selection. A 10-year enhancement imposed on one count pursuant to Penal Code section 186.22(b)(1)(C) is ordered stricken.

Appellate Information

• Decided 07/28/2008
• Published 07/28/2008

Judges

• SEPULVEDA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Stephen B. Bedrick, First District Appellate Project, Oakland, for Appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Dane R. Gillette, Gerald A. Engler, Stan Helfman, Aileen Bunney, Office of the Attorney General, for Respondent.