California Court of Appeal

Conviction for first degree murder, voluntary manslaughter with special circumstances findings and various gang- and weapons-related enhancements is: 1) affirmed in part where CALCRIM No. 361, which advised the jury it could draw negative inferences if defendant failed to explain or deny the evidence against him, is constitutional and adequate support for its use existed; and 2) reversed as to the conviction on the substantive gang offense related to the manslaughter, based on developments in the applicable law after trial.

Appellate Information

• Decided 05/01/2015
• Published 05/01/2015

Judges

• STREETER

Court

• California Court of Appeal

Counsel