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People v. Saibu, D054980

Defendants' convictions and sentences for committing a robbery of a video store, two attempted robberies of a liquor store, and a murder in the liquor store during one of the attempted robberies, is affirmed in part, reversed in part, and remanded where: 1) trial court did not err in admitting evidence of uncharged bank robberies as there were sufficient unique characteristics to permit the introduction of evidence regarding the uncharged offense for the purpose of establishing not only intent with respect to the liquor store attempted robbery/shooting, but also identifies the identities of the perpetrators of the charges crimes; 2) the trial court did not err in admitting in evidence certain digitally enhanced photographs and expert testimony describing how the images were enhanced; 3) the trial court did not err in admitting the recording of a witness's conversation with police; 4) the trial court erred in failing to properly instruct the jury with respect to the felony-murder special circumstance allegation; 5) there is sufficient evidence to support defendant's attempted murder conviction as a natural and probable consequence of the robbery; 6) there is no cumulative error; and 7) the trial court is directed to modify co-defendant's abstract of judgment to reflect not only the presentence custody credits that he earned but also the number of days that he has served in the custody of the Director of the Department of Corrections and Rehabilitation.

Appellate Information

  • Decided 01/11/2011
  • Published 01/11/2011




  • California Court of Appeal


  • For Appellant:
  • Rebecca P. Jones, Edmund G. Brown, Jr

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