P. v. Brumfield
Anthony Ray Brumfield appeals after his conviction by jury of first degree murder (Pen. Code, 187(a), 189; undesignated section references are to that code), with a special circumstance finding that the murder was intentional and was committed by shooting from a vehicle at a person outside it with intent to inflict death ( 190.2, subd. (a)(21). The jury found not true enhancement allegations that appellant had used and discharged a firearm in the commission of the offense ( 12022.53, subds. (b)-(d)), and that the crime was committed for the benefit of a street gang with intent to promote gang activity ( 186.22, subd. (b)(1)). Appellant was sentenced to life without possibility of parole, and was ordered to pay victim restitution of $25,696.66 ( 1202.4, subd. (f)), as well as a $10,000 restitution fine (id., subd. (b)), and a $10,000 parole revocation fine ( 1202.45).
Appellant raises the following contentions: (1) There was insufficient evidence to sustain the conviction; (2) the court reversibly erred by instructing the jury on aider-abetter principles; (3) the court reversibly erred in failing to instruct the jury on (a) second degree murder or manslaughter as lesser included offenses, (b) malice as an element of first-degree murder by shooting from a vehicle, and (c) intent to kill as a prerequisite to the special circumstance if appellant were found to have aided and abetted the murder; (4) the court erroneously denied appellants motion for new trial; and (5) the restitution order and the parole revocation fine must be stricken. Respondent agrees with the last contention, concerning the parole revocation fine.
Court conclude that both the parole revocation fine and the restitution order must be reversed, subject to further proceedings concerning restitution. In all other respects, Court affirm the judgment.
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