P. v. Castro CA2/4
Appellants Antonio Francisco Castro and Randy Daniel Ortiz appeal from their convictions by jury verdict of first degree murder with findings that each personally used a deadly weapon in the commission of the crime and that it was gang related. They contend the court’s failure to instruct the jury on the elements of the deadly weapon enhancement constitutes constitutional structural error requiring reversal. In the alternative, they argue that if subject to harmless error review, the error was not harmless. Castro also challenges the sufficiency of the evidence supporting the jury’s finding that the crime was gang related. He also claims entitlement to 18 additional days of custody credit.
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