Does the Defendant have any evidence to support his convictions for murder and attempted murder?

California, United States of America


The following excerpt is from The People v. Hernandez, G042193, No. 08ZF0020 (Cal. App. 2011):

Defendant contends the evidence does not support his convictions for murder and attempted murder. He admits the evidence supports a determination the shooters were guilty, but argues there is no evidence he was one of the shooters or that he shared the shooters' intent to kill. He asserts he was tried on the theory that he aided and abetted the murders and the attempted murder, but the evidence is lacking because it fails to support a reasonable inference he shared the shooters' intent. For some reason not apparent from the record, the prosecutor chose not to proceed on a theory that defendant aided and abetted a "gang hit up," the natural and probable consequence of which was murder. (See People v. Medina (2009) 46 Cal.4th 913, 920 [homicide a natural and probable consequence in gang confrontation]; People v. Olguin (1994) 31 Cal.App.4th

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