California Court of Appeal

Conviction and sentence for first degree murder is affirmed where there is no conflict between the CALCRIM jury instructions on motive and the CALCRIM jury instructions for the mental state elements of the substantive offense of criminal street gang participation and the sentence-enhancement and special-circumstance provisions related to criminal street gangs.

Appellate Information

• Decided 03/06/2009
• Published 03/06/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Cara DeVito, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.