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California Court of Appeal


People v. Fiore, A136116

Defendant's convictions of one count of second degree murder, two counts of attempted murder, and two counts of first degree robbery, with enhancements, are: 1) reversed in part, where there was insufficient evidence to support defendant's second robbery conviction; but 2) otherwise affirmed, where: (a) the trial court properly did not instruct the jury that duress may be a defense to felony murder, (b) the trial court properly instructed the jury on when the intent to aid and abet a robbery may be formed, (c) any error in the admission of opinion testimony about the appearance of brain matter and bone fragments was harmless, and (d) no cumulative error appears.

Appellate Information

  • Decided 07/16/2014
  • Published 07/16/2014

Judges

  • HUMES

Court

  • California Court of Appeal

Counsel

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