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California Court of Appeal


People v. Em, G039806

Conviction and sentence for first degree murder is affirmed where: 1) there was substantial evidence of defendant's participation as an aider and abettor or co-conspirator in the underlying crime of robbery, and thus, also his conviction for murder based on the felony-murder doctrine; 2) defendant's sentence was not disproportionate to the crime and does not constitute cruel or unusual punishment under the California or the United States constitutions, even though defendant was 15 years and nine months old when the victim was murdered.

Appellate Information

  • Decided 03/03/2009
  • Published 03/03/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Gregory Marshall, Palo Cedro, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Jeffrey J. Koch, Pamela Ratner Sobeck and James Flaherty, Deputy Attorneys General, for Plaintiff and Respondent.
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