P. v. Tapia CA2/5
In 1997, defendant and appellant Elias Tapia, Jr. and co-defendant Juan Valenzuela were convicted of the second degree murder of Norman LaGrone. (Pen. Code, § 187, subd. (a).) The jury was instructed under CALJIC No. 3.02 that it could find Tapia guilty of murder as a natural and probable consequence of assault with a deadly weapon. Tapia was sentenced to 15 years to life in prison, plus a determinate term of 4 years.
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