People v. Fiore
Annotate this CaseFiore was convicted him of second degree murder with an accompanying enhancement of personal and intentional discharge of a firearm resulting in great bodily injury or death; two counts of attempted murder, with one accompanied by an enhancement of personal and intentional discharge of a firearm; and two counts of first degree robbery. The jury was unable to return verdicts on attempted murder, first degree burglary, resisting an executive officer, and personal use of a firearm that accompanied both robbery counts. Fiore was sentenced to 68 years and eight months to life, plus three additional life sentences, with a term of 15 years to life for the murder, plus a consecutive term of 25 years to life for the enhancement of personal and intentional discharge of a firearm; a life sentence for both attempted murders, plus a consecutive term of 20 years for one of them based on the personal-discharge enhancement; a term of six years for the first robbery count; a term of two years for the second robbery count; and a term of eight months for evading an officer. The court of appeal reversed the second robbery conviction for cumulative error, but otherwise affirmed, rejecting arguments based on failure to instruct the jury that duress is a defense to felony murder; instructing the jury on the intent necessary to establish an aider and abettor’s liability for robbery; and permitting lay opinion testimony that there was “possible brain tissue and bone matter” on the inside of a vehicle’s front passenger-side door.
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