P. v. Reyes CA5
In 2017, appellant Jesus Reyes and two codefendants were tried for the 2014 stabbing death of Roman Aguayo. The jury was unable to reach a verdict and a mistrial was declared. In 2019, appellant was tried alone and a subsequent jury convicted him of first degree murder (Pen. Code, § 187, subd. (a); count 1), finding true that this crime was committed with the specific intent to promote, further or assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)). The jury also convicted appellant of active participation in a criminal street gang (§ 186.22, subd. (a); count 2). Appellant received an indeterminate prison term of 25 years to life.
Appellant raises claims of instructional error and insufficiency of the evidence. He also asserts the trial court erred in excusing a juror. We reject his claims and affirm.
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