Gomez

People v. Gomez

Good Law
107 Cal. App. 4th 328·131 Cal. Rptr. 2d 848·2003 Cal. App. LEXIS 439·2003 Daily Journal DAR 3209·2003 Cal. Daily Op. Serv. 2583
Court of Appeal of CaliforniaMarch 21, 2003No. B159879California3,030 words

Opinion

lead Opinion

Vogel, J.

Introduction

A jury convicted defendant Alfredo Gomez of two counts of first degree murder with a personal use of a firearm allegation and found true the special *330 circumstance allegation of multiple murders. The court sentenced him to two concurrent terms of life without possibility of parole.

In the published portion of this opinion, we reject defendant’s contention the jury was improperly instructed about the doctrine of transferred intent. In the nonpublished portion of the opinion, we find no merit to the defense contention the judge improperly attempted to question a witness. We agree with defendant’s claim of two minor sentencing errors, each of which the Attorney General concedes. We therefore will direct preparation of a modified abstract of judgment to correct those two errors but otherwise affirm the judgment.

Statement of Facts

When viewed in the light most favorable to the judgment, 1 the operative facts can be simply stated. Defendant and Solo Sagato (one of the murder victims) were members of the 18th Street gang. Sagato functioned as a “rent collector” for the gang, taking money from nongang members who sold drugs within the gang’s territory. Sagato…

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