California Court of Appeal

Conviction of defendant for voluntary manslaughter and for actively participating in a criminal street gang is affirmed in part, reversed in part and remanded where: 1) as to the voluntary manslaughter count, there were adequate jury instructions contained within the original instructions for murder, and lesser included manslaughter, and the trial court's instructional error was harmless beyond a reasonable doubt; 2) as to count 3, there was no cure for the trial court's error included in the "active participation in a street gang" jury instructions, and this error was not harmless beyond a reasonable doubt; and 3) the trial court correctly denied defendant's motion to grant use immunity to a defense witness.

Appellate Information

• Decided 10/06/2010
• Published 10/06/2010

Judges

• HUFFMAN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• William J. Capriola, Edmund G. Brown, Jr