California Court of Appeal

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People v. Rivas, H036974

Convictions and sentences of first degree murder and of firing a gun into an occupied vehicle, with gang enhancements, are affirmed, where: 1) the trial court erred with respect to one jury instruction regarding consideration of evidence of defendants' activities with other gang members, but there was no due process violation, denial of the right to the effective assistance of counsel, or prejudice under state law; 2) CALCRIM No. 359 is deficient to the extent it lends itself to an interpretation that criminal defendants could be convicted on the basis of extrajudicial statements alone that they committed a crime, but there was no infringement of defendant Carrillo's constitutional rights or prejudicial state-law error because other evidence strongly pointed to defendant Carrillo's guilt; 3) because the prosecutor here did not rely on the natural-and-probable-consequences doctrine, defendant Carrillo's constitutional and state-law claims regarding the instruction are without merit; and 4) the trial court did not abuse its discretion in admitting evidence of other gang shootings on the same day as evidence of motive, or evidence of defendant Rivas' predicate gang offenses.

Appellate Information

  • Decided 03/29/2013
  • Published 03/29/2013




  • California Court of Appeal


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