P. v. Tamayo CA2/3
A jury found defendant and appellant Sergio Tamayo guilty of second degree murder and found true weapon and gang allegations. On appeal, Tamayo contends there was insufficient evidence of the specific intent prong of the gang allegation. We agree with that contention. However, we disagree with his other contentions regarding the admissibility of the victim’s statement identifying Tamayo and the trial court’s failure to instruct on voluntary manslaughter. Accordingly, we reverse the true finding on the gang allegation, as well as modify various sentencing errors, but otherwise affirm the judgment as modified.
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