PEOPLE v. MARTINEZ

No. B194836.

169 Cal.App.4th 199 (2008)

THE PEOPLE, Plaintiff and Respondent, v. RICHARDO MARTINEZ et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division One.

December 16, 2008.


Attorney(s) appearing for the Case

Robert E. Boyce, under appointment by the Court of Appeal, for Defendant and Appellant Richardo Martinez.

Donald R. Tickle, under appointment by the Court of Appeal, for Defendant and Appellant Jesse Martinez.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ROTHSCHILD, J.

Richardo Martinez and Jesse Martinez appeal from their convictions on two counts of murder and one count of attempted murder.1 The trial court instructed the jury that it could find Richardo and Jesse guilty of the murders and the attempted murder if the jury found that (1) they aided and abetted a breach of the peace or a misdemeanor...

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