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PEOPLE v. HERRERA

No. S171895.

49 Cal.4th 613 (2010)

110 Cal. Rptr. 3d 729

232 P.3d 710

THE PEOPLE, Plaintiff and Respondent, v. HONORIO MORENO HERRERA, Defendant and Appellant.

Supreme Court of California.

July 1, 2010.

Attorney(s) appearing for the Case

Waldemar D. Halka, under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lynne G. McGinnis, Steven Oetting and Kelley A. Johnson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BAXTER, J.—

Defendant Honorio Moreno Herrera was a member of the criminal street gang known as "Krazy Proud Criminals" or "KPC." In June 2005, he and two fellow KPC members drove into the territory of a rival gang called "Logan," and shot and killed Erick Peralta. In June 2006, Jose Portillo testified at a preliminary hearing that defendant confessed to the shooting. Defendant was then charged by information with one count of...

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