P. v. Rodriguez
Angel Rodriguez, Christian Omar Hernandez and Mauricio Montes appeal from the judgments entered following their convictions by a jury on one count of murder with special circumstances (lying in wait and discharging a firearm from a motor vehicle) and one count of conspiracy to commit murder. On appeal they primarily contend the trial court erred by excluding evidence Juan Chavez, the man who actually shot the murder victim, was acting with a purpose not known to Rodriguez, Hernandez or Montes and improperly instructing the jury conspiracy to commit murder did not require proof that each defendant individually intended to kill the victim. Court remand the matter for the trial court to clarify and correct its restitution order but otherwise affirm the judgment in full.
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