California Court of Appeal

Conviction of defendant for second degree murder of a fellow gang member, and jury's finding that defendant vicariously discharged a firearm within the meaning of section 12022.53(c) and (e)(1) are affirmed in part, reversed in part and remanded where: 1) trial court did not err by admitting into evidence defendant's statements made in his second police interview; 2) substantial evidence supports the trial court's factual finding the police did not use a deliberate two-step strategy to violate Miranda; 3) defense counsel did not render ineffective assistance; and 4) there is insufficient evidence to support the jury's finding defendant vicariously discharged a gun in the murder, because the victim, as the lone shooter in defendant's group, could not be a principal in his own murder.

Appellate Information

• Decided 10/04/2010
• Published 10/04/2010

Judges

• IKOLA

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Patricia J. Ulibarri, Edmund G. Brown, Jr.