People v. Vega
Annotate this CaseFollowing the killing of an innocent bystander during a gang shooting and a separate stabbing incident, Vega was convicted of first degree murder (Pen. Code 187, 189) and voluntary manslaughter (192(a)), with special circumstances findings and gang and weapons-related sentence enhancements. The court imposed a prison term of life without possibility of parole. The court of appeal rejected an argument that CALCRIM No. 361, which advised the jury it could draw negative inferences if the defendant failed to explain or deny the evidence against him, was unconstitutional and that its use in this case was not supported by the evidence. Based on new developments in the law, the court reversed the conviction of a substantive gang participation offense in connection with the manslaughter because Vega acted alone in committing that crime.
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