![]() In short, the victims and some friends had been partying in the foothills east of Chico. (b)), and, among other enhancements, that he committed the assaults for the benefit of a criminal street gang. (a)), two assaults with a semiautomatic firearm (§ 254, subd. 220, and we urge defense counsel to direct their resources to arguably meritorious grounds of appeal.ĭefendant was charged with murder (Pen.Code, § 187, subd. We publish our decision primarily to deter the defense bar from continuing to use defendant's line of attack against CALCRIM No. We disagree with both of defendant's claims and affirm the judgment. 220, an instruction he claims misstates the proof beyond a reasonable doubt standard by not referring to the conviction of proof being deeply “felt” and (2) admitting unduly prejudicial evidence in the form of two tracks from a gangster rap CD he wrote. On appeal, he claims the trial court erred by (1) instructing the jury with CALCRIM No. Fay, Deputy Attorneys General, for Plaintiff and Respondent.ĭefendant Santos Nieto Zepeda shot a rival gang member in the back, paralyzing him, and then shot and killed the rival's son. Farrell, Senior Assistant Attorney General, Carlos A. Gillette, Chief Assistant Attorney General, Michael P. Greenberg, under appointment by the Court of Appeal, for Defendant and Appellant. Santos Nieto ZEPEDA, Defendant and Appellant. Court of Appeal, Third District, California. ![]()
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