California Court of Appeal

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People v. Lopez, F053389

Convictions for first degree murder are affirmed in part, reversed in part, and remanded where: 1) defendants' challenges to the sufficiency of the evidence were rejected; 2) defendants failed to show a clear abuse of trial court's discretion; 3) defendant failed to show a reasonable likelihood that the jury applied the trial court instruction in a way that denied fundamental fairness; 4) section 1203.1l emergency medical services restitution fines, which the statute authorized solely "as a condition of probation," was stricken from the judgment since neither defendant received a grant of probation; 5) there was no basis for reversal of the judgments on the basis of cumulative error; 6) defendant failed to show either an actual conflict that adversely affected counsel's performance or informed speculation with a factual basis in the record about a potential conflict that adversely affected counsel's performance and an abuse of discretion by the trial court in denying his or her motion to disqualify counsel; and 7) denial of defendant's Marsden motion as "not timely" was an error.

Appellate Information

  • Decided 11/24/2008
  • Published 11/24/2008

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • A.M. Weisman, under appointment by the Court of Appeal, for Defendant and Appellant Victor Lopez., Susan D. Shors, San Francisco, under appointment by the Court of Appeal, for Defendant and Appellant Antonio Barajas., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Brian Alvarez and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.
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