P. v. Martinez
This case arises out of gang violence in Richmond and San Pablo that resulted in five deaths. Appellant Jose Garcia Martinez appeals from the judgment following a jury trial in which he was convicted of one count of second degree murder and of conspiracy to commit the assault that resulted in the victim’s death. Appellant contends the trial court erroneously instructed the jury on invalid theories of second degree felony-murder, thereby depriving him of due process and necessitating reversal. We will affirm.
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