P. v. Madrid
Appellant Michael Madrid was convicted by jury of five counts of attempted murder. The jury found gun use allegations under Penal Code section 12022.53, subdivisions (b), (c), (d) and (e) to be true, as well as a gang allegation under Penal Code section 186.22, subdivision (b)(4).
Codefendant, Francisco Ramos, was convicted by jury of two counts of attempted murder. The jury found the same gun use and gang allegations to be true as to Ramos.
Both appellants contend their right to due process was violated by the giving of instructions on a kill zone theory that was not supported by the evidence. Additionally, Madrid contends that his sentence of 50 years to life constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution.
Comments on P. v. Madrid