P. v. Arrue
Defendant, Andrew Arrue, appeals from his convictions for: first degree murder while an active participant in a robbery (Pen. Code, 187, subd. (a), 190.2, subd. (a)(17)); attempted first degree robbery ( 211, 664); and, two counts of firearm assault. ( 245, subd, (a)(2).) The jurors also found a principal was armed with a firearm in the commission of the murder, attempted robbery, and firearm assaults. Further, the jury found defendant acted in concert with two or more persons in the commission of the attempted robbery within an inhabited dwelling. ( 213, subd. (a)(1)(A).) Finally, the trial court found defendant was previously convicted of a serious felony. ( 667, subd. (a)(1), (b)-(i), 667.5, subd. (b), 1170.12.) Defendant argues: the trial court improperly admitted his statements to police; there was insufficient evidence to support the finding that he was a major participant in the robbery; and there was no substantial evidence he acted with reckless indifference to human life. The Attorney General argues that a state court construction penalty and additional court security fees should have been imposed by the trial court. Court affirm as modified.
Comments on P. v. Arrue