California Court of Appeal

Defendant's convictions and sentence for first degree murder, first degree residential burglary, conspiracy to commit robbery, and two counts of first degree residential robbery, are affirmed, where: 1) the "mastermind" of an armed home-invasion robbery who sends his accomplices to do his bidding can be convicted of first degree murder if one of his accomplices engages in provocative conduct and the victim kills in reasonable response to that conduct; 2) the evidence is sufficient to support his conviction of first degree murder; 3) the trial court did not err in instructing the jury; 4) the trial court did not abuse its discretion in admitting evidence of a prior residential robbery; and 5) defendant's sentence does not constitute cruel and unusual punishment under federal and state constitutions.

Appellate Information

• Decided 11/19/2013
• Published 11/19/2013

Judges

• YEGAN

Court

• California Court of Appeal

Counsel