People v. Medina

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Defendants Silva and Medina, members of the Headhunters gang, appealed their convictions for four counts of attempted murder and four counts of assault with a firearm. Medina also appealed his sentence.In the published portion of the opinion, the Court of Appeal held that the kill zone instruction is not appropriate in the absence of evidence indicating the defendant had a primary target, and the specific intent to kill everyone in the kill zone around the primary target to ensure the target's death. In this case, it was error to instruct the jury on a kill zone theory where there was no evidence that defendants had a primary target. However, the error was harmless because it was not reasonably probable that the jury would have reached a result more favorable to defendants had the kill zone instruction not been given. View "People v. Medina" on Justia Law