PEOPLE v. MATA

Docket No. 3168.

85 Cal.App.3d 233 (1978)

149 Cal. Rptr. 327

THE PEOPLE, Plaintiff and Respondent, v. DEO MATA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 29, 1978.


Attorney(s) appearing for the Case

COUNSEL

Frank Offen, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Charles P. Just and Eddie T. Keller, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GINSBURG, J.*

In this case, we consider whether the doctrine of collateral estoppel bars the conviction of one of three coconspirators of murder in the first degree where one of his two coconspirators has previously been convicted of the lesser offense of murder in the second degree. We have concluded that where, as in the instant case, the accused's guilt need not be predicated upon the guilt...

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