California Court of Appeal

Convictions for two counts of murder and one count of attempted murder are reversed where: 1) the trial court erred in its jury instruction because the record did not contain substantial evidence that the murders and the attempted murder were natural and probable consequences of the alleged breach of the peace or the alleged misdemeanor assault; and 2) it was reasonably probable that defendants would have obtained a more favorable result were it not for the trial court's error.

Appellate Information

• Decided 12/16/2008
• Published 12/16/2008

Judges

• ROTHSCHILD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Robert E. Boyce, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant Richardo Martinez., Donald R. Tickle, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant Jesse Martinez., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.