How have the jury instructions been interpreted in the context of felonious conduct?
California, United States of America
The following excerpt is from People v. Roots, C061656, Super. Ct. No. SF107537A (Cal. App. 2011):
Referring to his argument that the felonious conduct must be gang related, the defendant argues in his opening brief that the jury instructions were deficient because they did not inform the jury of this aspect of the felonious-conduct element. In his supplemental briefing, the defendant concedes that this argument has no merit, based on People v. Albillar, supra, 51 Cal.4th at page 51.
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