California Court of Appeal

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People v. Concha, B195197

Conviction of defendants for first degree murder for the killing of their accomplice by the intended victim is affirmed as, although the trial court erred in failing to instruct the jury that "for a defendant to be found guilty of first degree murder, he personally had to have acted willfully, deliberately and with premeditation when he committed the attempted murder," the instructional error was harmless as a rational jury would have found it clear beyond a reasonable doubt that each defendant personally premeditated and deliberated the attempted murder.

Appellate Information

  • Decided 03/11/2010
  • Published 03/11/2010

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Maria Morrison, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant, Reyas Concha., Diana M. Teran, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant, Julio Hernandez., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Stephanie A. Miyoshi, Deputy Attorney General, for Plaintiff and Respondent.
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