|
 Stumble It! |
 Seed Newsvine |
 Del.icio.us |
Legal.com Links: Home Legal Areas : Bankruptcy Resources for: Legal Professionals
|
APPEAL from judgments of the Superior Court of Los Angeles County, Kathleen Kennedy-Powell, Judge. Affirmed and modified. (Los Angeles County Super. Ct. No. BA287017).
Maria Morrison, under appointment by the Court of Appeal, for Defendant and Appellant, Reyas Concha. Diana M. Teran, under appointment by the Court of Appeal, for Defendant and Appellant, Julio Hernandez. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Stephanie A. Miyoshi, Deputy Attorney General, for Plaintiff and Respondent. The opinion of the court was delivered by: Mosk, J. CERTIFIED FOR PARTIAL PUBLICATION*fn1 [The following Introduction, Factual Statement and Discussion, parts A through E are certified for publication] INTRODUCTION The defendants, along with two accomplices, threatened to kill, attacked, beat, and stabbed the victim. The victim drew a pocket knife and in defending himself stabbed one of the accomplices to death. The defendants were convicted of first degree murder of the deceased accomplice under the provocative act theory and of the attempted first degree murder of the victim. In the published portion of the opinion, we hold that there was substantial evidence to support the conviction for murder based on the provocative act theory; that the first degree murder conviction is supported by the jury's finding that the attempted murder of the victim was deliberate and premeditated; that the trial court's instruction on the provocative act theory did not constitute prejudicial error; and that the trial court did not err in excluding evidence of one of the defendant's blood alcohol level and in not instructing the jury on voluntary intoxication. In the unpublished portion of the opinion, we deal with evidentiary and sentencing issues. |
©2008 Legal.com,
Inc. All rights
reserved The opinions expressed in the various articles collected here are the opinions of their authors and not necessarily the opinion of Legal Recourse or Legal.com. Trademarks are the property of their holders. |