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Court Rejects Criminal Defendant's Challenge to His Conviction

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By FindLaw Staff on February 19, 2010 12:59 PM

In People v. Hernandez, No. F056015, the California Court of Appeal for the Fifth District was faced with various challenges by a defendant convicted of discharging a firearm from a motor vehicle at another person arising from a gang-related killing.

In the published portion of the opinion, the court dealt with defendant's claimed error that the trial court misinstructed the jury by omitting the mental state element with respect to Pen. Code section 12034, subdivision (c).

The Court affirmed the conviction in concluding that trial court did not commit an error as the instructions on aiding and abetting correctly conveyed the requisite mental state of an aider and abettor.

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