Falaniko

People v. Falaniko

Caution
1 Cal. App. 5th 1234·2016 Cal. App. LEXIS 632·205 Cal. Rptr. 3d 623
Court of Appeal of CaliforniaJuly 29, 2016B259918California6,512 words

Opinion

Opinion

Lui, J.

Noaese Falaniko challenges his convictions arising out of three separate shooting incidents for one count of first degree murder (Pen. Code, § 187, subd. (a); count 1), seven counts of attempted murder (§§ 664, 187, subd. (a); counts 2, 3, 4, 6, 7, 9, 10), and one count each of shooting at an occupied motor vehicle and at an inhabited dwelling (§ 246; counts 5 & 8). The trial court sentenced appellant to an aggregate term of 330 years to life in state prison, and imposed restitution and parole revocation fines on each count of conviction.

Appellant contends (1) his convictions on all counts of attempted murder must be reversed because the use of the disjunctive “or” in the attempted murder instruction permitted the jury to convict without finding specific intent as to each victim; (2) the erroneous inclusion of a reference to the natural and probable consequences theory of aiding and abetting liability requires reversal of all counts of conviction; (3) appellant’s convictions should be reversed due to cumulative error; (4) the erroneous admission of appellant’s involuntary statements to police, which were based on promises of leniency, mandates reversal; and (5) the…

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