California Court of Appeal

Conviction of defendant for second degree murder for his participation in the shooting death of a victim who had once associated with a rival gang is affirmed as substantial evidence supported the murder conviction under the natural and probable consequence doctrine as the fatal shooting was a natural and probable consequence of a planned physical attack by multiple gang members upon perceived rival gang members even though the shooting occurred at the start of a confrontation and no assault with fists, baseball bats, knives, or other weapons preceded the shooting.

Appellate Information

• Decided 02/12/2010
• Published 02/12/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• For Plaintiff and Respondent, For Appellant and Defendant