P. v. Gudiel
Fredy Gudiel, William Torres, and Pedro Pena appeal from the judgment entered after they were convicted of second degree murder for killing a rival gang member. Court affirm, rejecting their contentions that the trial court committed instructional errors, insufficient evidence supported a gang allegation, and the trial court was unaware of its discretion to place Gudiel on probation. Court agree that the abstract of judgment should be corrected to omit language describing Penas offense as first degree murder, and will order that the appropriate correction be made.
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