PEOPLE v. CERVANTES

No. S083267.

111 Cal.Rptr.2d 148 (2002)

26 Cal.4th 860

29 P.3d 225

The PEOPLE, Plaintiff and Respondent, v. Israel CERVANTES, Defendant and Appellant.

Supreme Court of California.

August 27, 2001.


Attorney(s) appearing for the Case

Philip M. Brooks, under appointment by the Supreme Court, Berkeley, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, Keith I. Motley and Garrett Beaumont, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

This case presents a question concerning proof of proximate causation in a provocative act murder case. We granted review to decide whether defendant, a member of a street gang, who perpetrated a nonfatal shooting that quickly precipitated a revenge killing by members of an opposing street gang, is guilty of murder on the facts before us. We conclude that he is not.

Facts and Procedural History...

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