People v. ArceAnnotate this Case
Arce and Burk were charged with the first-degree murder of Hamilton (Penal Code 187(a)), with a special circumstance allegation that Arce committed the murder while actively participating in a criminal street gang (section 190.2(a)(22)). Arce was also charged with being a felon in possession of a firearm (29800(a)(1)). The indictment further alleged the crimes were committed for the benefit of a criminal street gang (186.22(b)(1)) and that Arce personally discharged a firearm causing great bodily injury (12022.53). Arce’s prior convictions included a 2011 conviction for carrying a concealed firearm and a 2012 conviction for discharging a firearm with gross negligence. The indictment also included prior strike and prison term allegations. Convicted, Arce was sentenced to a term of life without the possibility of parole.
The court of appeal affirmed. The court rejected arguments that the criminal street gang special circumstance statute is unconstitutionally vague; that the trial court erred in failing to instruct the jury on the lesser included offense of voluntary manslaughter under a theory of imperfect self-defense; that the court improperly instructed the jury on the consideration of accomplice testimony; and of cumulative error. The government conceded that the abstract of judgment must be corrected to reflect the imposition of a concurrent term for the firearm conviction.