P. v. Lopez
Defendant Gerardo Lopez challenges his conviction for first degree murder with special circumstances. He contends insufficient evidence showed he committed the murder during the commission of a kidnapping or attempted robbery. Thus he asserts the evidence is insufficient to support the first degree murder conviction. He also asserts the evidence was insufficient to support any of the additional elements of the special circumstances finding. Defendant further contends the court erred by failing to instruct the jury on false imprisonment, a lesser included offense to kidnapping. Finally, he claims the prosecutor committed prejudicial misconduct by stating a single vote of not guilty would lead to an acquittal. Court reject defendants contentions, and affirm.
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