P. v. Hernandez
Defendant was convicted of the first degree murder of Paul Lemos. In addition, the jury found true the special circumstance that the murder was committed during the commission of an attempted robbery. The jury also found that a principal discharged a gun causing death during the commission of the offense and that the crime was committed for the benefit of a criminal street gang.
Defendant appeals, claiming he was not provided the effective assistance of counsel and the trial court erred in denying his motion for mistrial after his counsel was arrested for driving under the influence of methamphetamine after the verdict but before sentencing. In addition, defendant asserts the evidence was insufficient to support his conviction and the special circumstance, and the court erroneously instructed the jury regarding conspiracy. Court affirmed.
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