People v. Almanza
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On remand from the California Supreme Court, the Court of Appeal affirmed defendant's conviction for first degree murder and assault with a firearm.
The court held that the only reasonable conclusion the jury could reach was that defendant committed the murder with the intention of benefiting the gang; any error in admitting defendant's confession was harmless beyond a reasonable doubt; the trial court did not err by denying defendant's request for an instruction on voluntary intoxication; the trial court did not err in ordering joint and several liability for victim restitution; and the court agreed with the People that remand to the trial court was not appropriate in light of Senate Bill 620, under the facts of this case, because the record showed the trial court would not have exercised its discretion to lessen the sentence.
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