People v. MariscalAnnotate this Case
Defendant was convicted of two counts of murder, three counts of attempted murder, street terrorism, and possession of a firearm by a felon. In the initial opinion, the court affirmed defendant's convictions but reversed the trial court's imposition of a $200 parole revocation fine and order denying defendant custody credit.
On remand from the Supreme Court and in light of People v. Canizales (2019) 7 Cal.5th 591, the Court of Appeal held that the kill zone instruction should not have been given, but that the error was harmless beyond a reasonable doubt in light of the overwhelming evidence that defendant intended to kill all five of the men at whom he shot. The court restated its original opinion without change in all other respects.