P. v. Velado CA2/8
A jury found defendants and appellants Kelvin Velado and Edward Amilcar Chavac guilty of first degree murder, and found true allegations of firearm use and that the murder was committed for the benefit of, at the direction of, or in association with a criminal street gang. The court sentenced both defendants to an indeterminate term of 25 years to life on the substantive offense, and a consecutive term of 25 years to life on the firearm enhancement pursuant to Penal Code section 12022.53, subdivisions (d) and (e)(1).
Defendant Chavac asserts various errors related to the admission of the recorded jailhouse statement of codefendant Velado as a declaration against penal interest pursuant to Evidence Code section 1230, and also joins in the arguments of Velado. Defendant Velado asserts numerous claims of instructional error.
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