State v. Briseno
Annotate this CaseDefendant was convicted of one count of first-degree premeditated murder and three counts of attempted first-degree murder arising out of a drive-by shooting. The Supreme Court affirmed, holding that the district court (1) did not err by failing to give an unrequested limiting jury instruction regarding evidence of Defendant’s gang membership; (2) erred by instructing the jury it could consider the degree of certainty with which eyewitnesses identified Defendant, but the error did not require rreversal; and (3) did not commit sufficient errors to deprive Defendant of a fair trial.
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