Is there any case law where a defendant has been convicted of a charge of second degree murder in relation to a criminal activity?

California, United States of America


The following excerpt is from People v. Cardona, C079367 (Cal. App. 2016):

the subset to the umbrella organization. But here the problem is avoided because defendant's conviction of the pending charge for second degree murder also qualifies as one of the predicate offenses establishing a gang's pattern of criminality. (People v. Loeun (1997) 17 Cal.4th 1, 10-11, 14.)

Other Questions


Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
In what circumstances will a prosecutor be found guilty of misconduct for making an argument to the jury that the jury must convict a defendant of second-degree murder before it returns a verdict on a charge of first degree murder? (California, United States of America)
What is the test for reversal of a conviction under section 186.22 of the California Criminal Code when a defendant has been convicted of a charge of criminal activity committed for the benefit of a criminal street gang? (California, United States of America)
What is the test for a jury to convict a defendant of second degree murder (Pen. Code, 1. 187) of second-degree murder (e.g. shod feet)? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a defendant who requests instruction on a lesser-related charge of assault that includes the elements of implied malice murder be able to complain about the second degree murder instruction on appeal? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.