California Court of Appeal

Defendants' convictions for first degree murder, second degree murder, and related findings are: 1) affirmed as to defendant Ramirez's convictions, where his claims that the trial court by refusing to sever the cases for trial and his claim of prosecutorial misconduct are without merit, and the instructional error was not prejudicial; but 2) reversed as to defendant Armendariz's conviction of first degree murder on count 1, where absent a factual finding that defendant Ramirez's premeditation of the murder was part of the natural and probable consequences of the lesser crime(s) intended by defendant Armendariz, defendant Armendariz cannot be held culpable for that premeditation, and the jury instructions on these points were flawed; and 3) reversed as to the sentences imposed on both defendants, which amounted to cruel and unusual punishment, in light of their youth at the time of the crimes.

Appellate Information

• Decided 09/12/2013
• Published 09/12/2013

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel