P. v. Benavante
Max Steven Fuentes and Geovanny Benavente appeal from the judgment entered after they were convicted of second degree murder and other related counts stemming from a gang-motivated shooting. We reject Fuentess claims that his statement to the police should not have been allowed into evidence because he was not properly advised of his right to remain silent, and that the jury should have been instructed on involuntary manslaughter. We reject Fuentes and Benaventes joint claims that: the trial court erred by allowing in evidence the hearsay statement of an accomplice who was not available at trial; the prosecutor committed misconduct by commenting on Benaventes failure to testify; and there was insufficient evidence to support the verdicts.
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