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P. v. Blackmon CA5
In 2007, appellant Ted Blackmon was convicted after a jury trial of the first degree premeditated murder of Damon Moore, with the special circumstance that the murder was intentional, committed while he was an active participant in a criminal street gang, and it was carried out to further the activities of the gang. He was also convicted of the attempted premeditated murder of Kathy Crump. The prosecution’s theory was that Blackmon intentionally killed Moore because the victim happened to be wearing a shirt in the color claimed by a rival gang. Blackmon was sentenced to life in prison without the possibility of parole.

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