PEOPLE v. MODIRI

No. S120238.

46 Cal.Rptr.3d 762 (2006)

39 Cal.4th 481

139 P.3d 136

The PEOPLE, Plaintiff and Respondent, v. Shea Michael MODIRI, Defendant and Appellant.

Supreme Court of California.

August 7, 2006.


Attorney(s) appearing for the Case

Candace Hale, San Anselmo, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass and Gerald A. Engler, Assistant Attorneys General, René A. Chacón, Laurence K. Sullivan and Dorian Jung, Deputy Attorneys General, for Plaintiff and Respondent.


BAXTER, J.

At a crowded neighborhood party, Shea Michael Modiri (defendant) started and joined a group attack that left the teenage victim with multiple serious injuries. The evidence showed that defendant personally applied physical force to the victim several times. However, chaos at the scene prevented witnesses from linking the victim's injuries to a particular assailant, weapon, or blow.

Defendant was convicted of felony assault (Pen.Code, § 245...

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