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PEOPLE v. BLACKBURN

Nos. E021188, E022053.

86 Cal.Rptr.2d 134 (1999)

72 Cal.App.4th 1520

The PEOPLE, Plaintiff and Respondent, v. Rodrick Jermaine BLACKBURN, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

As Modified July 22, 1999.

Review Denied October 20, 1999.

Attorney(s) appearing for the Case

Roberta K. Thyfault, under appointment by the Court of Appeal, for Defendant and Appellant Rodrick J. Blackburn.

Mark L. Christiansen, under appointment by the Court of Appeal, Granite Bay, for Defendant and Appellant Derwin Jules Jackson.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster, Supervising Deputy Attorney General, and Lora Fox Martin, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

RICHLI, J.

Defendant Rodrick Jermaine Blackburn shot and killed two teenage boys, for no apparent reason other than that he "hate[d] Mexicans." There was testimony that defendant Derwin Jules Jackson encouraged Blackburn to shoot the teenagers. When the shooting was over, Jackson drove Blackburn away.

Defendants contend:

1. The testimony that Jackson encouraged...

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