7 results for 'cat:"Murder" AND cat:"Sentencing" AND cat:"Gangs"'.
J. Colvin finds that the trial court properly convicted defendant of murder, aggravated battery, violating the Street Gang Terrorism and Prevention Act and other offenses. Any error the trial court committed in barring defendant from making a closing argument about the sentences his co-defendants avoided by pleading guilty was harmless in light of the overwhelming evidence of defendant's guilt. Defendant admitted to stabbing the victim and another witness testified that defendant told her he shot the victim. The trial court correctly overruled defendant's objection that the prosecutor personally attacked his counsel during closing arguments in saying that the defense's theory of the case insulted the victim's memory. However, the trial court incorrectly failed to merge some of the counts against defendant for sentencing. Affirmed in part.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0125, Categories: murder, sentencing, gangs
J. Menetrez finds that the trial court should have granted defendant's petition for compassionate release from a 75-year sentence for first degree murder, as no evidence supported its dangerousness finding. He retains some ability to speak despite rapidly progressing amyotrophic lateral sclerosis (ALS) that severely limits his physical capacity and will likely cause his death within a year. But he has never solicited anyone to commit a crime or committed a crime in concert with anyone, and neither his gang affiliations nor lack of remorse mean he poses an unreasonable risk of committing a super strike crime if released. Reversed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: April 10, 2024, Case #: E082085, Categories: murder, sentencing, gangs
J. Fearing finds that the lower court improperly convicted defendant over his involvement in a shooting. The lower court allowed several instances of racist interferences to taint the trial against defendant, including allowing the prosecutor to raise questions about border security. Even defendant's sentence was influenced by the state seeking a sentence increase based on defendant's alleged request to seek membership in a Latino gang. Under state law, whenever "racism interferes in a fair trial," the convictions must be vacated and a new trial is needed. Reversed.
Court: Washington Court Of Appeals, Judge: Fearing, Filed On: February 22, 2024, Case #: 39087-0-III, Categories: murder, sentencing, gangs
J. Guerrero holds that the trial court rightly held that defendant, seeking relief under changes to murder accomplice liability law, was bound by the jury's gang-murder special circumstance finding that he had intended to kill. The trial court properly gave the finding a preclusive effect when assessing defendant's petition, and it correctly required him to state a prima facie case for relief. But the trial court must hold an evidentiary hearing since his intent to kill did not establish his knowledge of the actual shooter's intent to kill as necessary for aider and abettor murder liability.
Court: California Supreme Court, Judge: Guerrero, Filed On: November 27, 2023, Case #: S272238, Categories: murder, sentencing, gangs
J. Raphael finds, on first impression, that Assembly Bill 333, which limits the punishments for gang participation, does not apply to serious felony and strike priors based on active participation in a criminal street gang. The trial court must allow the state to retry defendants on gang participation and gang enhancement counts, and to seek upper term sentences. Reversed in part.
Court: California Courts Of Appeal, Judge: Raphael, Filed On: June 30, 2023, Case #: E077553, Categories: murder, sentencing, gangs
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[Consolidated.] J. Stewart finds that the trial court properly relied on jury findings that defendants intended to kill before it issued gang and multiple-murder special-circumstances resentencing verdicts, but it must nonetheless hold an evidentiary hearing to determine whether they are entitled to resentencing relief on first-degree murder convictions. Also, the trial court was within its discretion to refuse to dismiss prior serious felony gang-related gun enhancements. Reversed in part.
Court: California Courts Of Appeal, Judge: Stewart, Filed On: June 30, 2023, Case #: A162472, Categories: murder, sentencing, gangs
J. Groban finds the trial court properly convicted defendant for murder, though the court of appeal improperly affirmed the sentencing enhancements for his association with a criminal street gang and for firearm use. The jury was not instructed, as required by a recent Assembly Bill, that the predicate offenses must have “commonly benefited [the] criminal street gang, and the common benefit from the offenses is more than reputational.” It was not proven whether defendant’s claims of gang association were true or not, and the firearm enhancement is contingent upon the gang enhancement. The court of appeal’s affirmation of the enhancements is reversed and remanded.
Court: California Supreme Court, Judge: Groban, Filed On: May 25, 2023, Case #: S273134, Categories: murder, sentencing, gangs