P. v. Hayes CA5
Appellant Jarrod Ernest Spencer Hayes appeals following his convictions for murder and assault with a firearm. Relevant to this appeal, appellant’s murder conviction included true findings on a gang-related special circumstance and a gang enhancement allegation. Appellant raises several assertions of error concerning these later allegations. Specifically, appellant contends the true finding on the gang-related special circumstance cannot stand because the relevant statute is constitutionally infirm, since it is not sufficiently differentiated from the gang enhancement to properly narrow the class of individuals potentially subject to the death penalty. Related to this point, appellant contends there is insufficient evidence to support the gang-related special circumstance.
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