PEOPLE v. SAIBU Part-II
Defendants Sadiq Saibu and Antonio Valentino appeal from their convictions and sentences after a jury trial. Saibu and Valentino were convicted for their roles in committing a robbery of a video store, two attempted robberies of a liquor store, and a murder in the same liquor store during one of the attempted robberies.
On appeal, Saibu and Valentino jointly argue that the trial court erred in (1) admitting evidence concerning a bank robbery for which both men were previously convicted; (2) admitting digitally enhanced photographs created from surveillance video of the liquor store, as well as expert testimony regarding the enhancement process; and (3) admitting a videotape of an interview of Saibu's cousin conducted by police detectives. Saibu also contends that the trial court committed reversible error in failing to instruct the jury with CALCRIM No. 703 with respect to the felony-murder special circumstance allegation, and that there is insufficient evidence to support his conviction for attempted murder. Valentino contends that his abstract of judgment contains a number of errors, and that these errors must be corrected. Finally, both defendants assert that their convictions must be reversed due to the collective prejudice from the court's cumulative errors.
We conclude that the trial court erred in failing to properly instruct the jury with respect to the felony-murder special circumstance allegation against Saibu, and that this error requires reversal of the jury's true finding as to that special circumstance. Court also conclude that Valentino's abstract of judgment must be corrected. However, we reject the defendants' remaining claims of error, and therefore otherwise affirm the judgment. We remand the case to the trial court for further proceedings as may be necessary with respect to the felony-murder special circumstance allegation against Saibu, and for correction of Valentino's abstract of judgment.
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