P. v. Birelas
Defendant Moses Birelas was convicted by a jury of murder with the special circumstance that the crime occurred during the commission of a robbery. (Pen. Code, 187; 190.2, subd. (a)(17).) Count 2 alleged attempted second degree robbery (Pen. Code, 664, 211), and count 3 charged conspiracy to commit robbery (Pen. Code, 182, subd. (a)(1); 211). On appeal, he contends that the instructions on accomplice corroboration, CALCRIM Nos. 334 and 335, were legally deficient. He further contends that the prosecutor engaged in misconduct by referring to gangs while questioning a witness, and he challenges the imposition of a restitution fine under section 1202.45 in light of his sentence of life without possibility of parole. Court will modify the judgment but otherwise affirm.
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