P. v. Gustavo M. CA1/4
Defendant Gustavo M. was convicted of first degree murder, shooting at a vehicle, and assault with a firearm, with firearm enhancements. He was 15 years old at the time of the crimes. In his original briefs on appeal, he contended that his confession should not have been admitted, that the trial court committed instructional error, that the evidence was insufficient to show he acted with malice, that the prosecutor engaged in misconduct, that his sentence of 50 years to life constituted cruel and unusual punishment, that he was entitled to a transfer hearing on whether the matter should have proceeded in juvenile court, and that the trial court should consider whether to strike the firearm enhancement.
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