People v. Zepeda

Opinion

NICHOLSON, J.

Defendant Santos Nieto Zepeda shot a rival gang member in the back, paralyzing him, and then shot and killed the rival’s son. On appeal, he claims the trial court erred by (1) instructing the jury with CALCRIM No. 220, an instruction he claims misstates the proof beyond a reasonable doubt standard by not referring to the conviction of proof being deeply “felt”; and (2) admitting unduly prejudicial evidence in the form of two tracks from a gangster rap CD (compact disc) he wrote.

We disagree with both of defendant’s claims and affirm the judgment. We publish our decision…