California Court of Appeal

Sentence and conviction of first degree murder during the commission of a robbery, Pen. Code, sections 187(a), 189, 190.2(a)(17), robbery, section 212.5(c), and active participation in a criminal street gang, section 186.22(a), are: 1) affirmed in part where the jury was correctly instructed on the specific intent required by section 186.22, subdivision (b)(1); and 2) vacated in part where there was prejudicial instructional error concerning the requirement that defendant must have aided and abetted the robbery at or before the time of the act causing death.

Appellate Information

• Decided 06/25/2015
• Published 06/25/2015

Judges

• DETJEN

Court

• California Court of Appeal

Counsel