Delgado

People v. Delgado

Good Law
153 Cal. Rptr. 3d 260·2013 Cal. App. LEXIS 83·2013 D.A.R. 1632·213 Cal. App. 4th 660·2013 WL 427801
Court of Appeal of CaliforniaFebruary 5, 2013No. C064571California3,135 words

Opinion

Lead Opinion

Mauro, J.

A jury convicted defendant Antonio Mason Delgado of attempted murder, mayhem, second degree robbery, assault by means of force likely to cause great bodily injury, conspiracy to commit a felony, and *662 criminal street gang activity. The jury also found that defendant committed the crimes for the benefit of a criminal street gang, and that he personally inflicted great bodily injury which caused the victim to become comatose due to brain injury. The trial court sentenced defendant to 28 years four months in state prison.

Defendant contends (1) his conviction for attempted murder must be reversed because the evidence is insufficient to prove that he harbored the specific intent to kill, or that he aided and abetted attempted murder; (2) there is insufficient evidence that he committed the charged crimes for the benefit of a criminal street gang within the meaning of Penal Code section 186.22, subdivision (b); 1 (3) he was denied due process when evidence of a prior bad act was presented to the jury, despite the trial court’s prior ruling excluding the evidence; (4) there is insufficient evidence to support the great bodily injury enhancement because there is no…

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