P. v. Diaz CA6
Defendants Alexander Toledo, Ricardo Diaz, and Keonte Smith met with Brian Castro and Robert Hernandez, ostensibly to purchase several pounds of marijuana. At the meeting, Diaz fatally shot Castro and wounded Hernandez. The prosecution pursued a theory of felony murder as to Toledo and Diaz based on evidence that the defendants planned to rob the victims and that Castro’s killing occurred during the robbery. A jury convicted Toledo and
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