P. v. Morales CA2/7
Phillip Joseph Jojola and Robert Epifano Sanchez were convicted of conspiracy to commit murder, attempted willful, deliberate and premeditated murder, attempted extortion and false imprisonment with true findings the crimes were committed to benefit a criminal street gang. In prior opinions we explained their conspiracy convictions must be reversed because of error in the jury instructions. Jojola and Sanchez now argue, the Attorney General concedes, and we agree that the attempted murder convictions, as well as the criminal street gang enhancements, must be reversed because of recent ameliorative legislation that applies to their case.
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