California Court of Appeal

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People v. Hernandez, F056015

In a prosecution of defendant for discharging a firearm from a motor vehicle at another person, arising from a gang-related killing, defendant's claim that the trial court misinstructed the jury by omitting the mental state element with respect to Pen. Code section 12034(c) is rejected as instructions on aiding and abetting correctly conveyed the requisite mental state of an aider and abettor.

Appellate Information

  • Decided 02/18/2010
  • Published 02/18/2010

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Cliff Gardner, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Louis M. Vasquez and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.
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