Legal Opinion

In re Lucero

California Court of Appeal

Decided October 24, 2011No. C066501PublishedCited by 21 opinions

1Opinion of the Court

*41Opinion

BUTZ, J.

In 1995, petitioner Felix Lucero, Jr., and his friend George Tabios, Jr., shot at an occupied vehicle, killing one of the occupants. They were convicted by a jury of one count of second degree murder and two counts of attempted murder, with special enhancements for firearm use. We affirmed both convictions in People v. Tabios (1998) 67 Cal.App.4th 1 [78 Cal.Rptr.2d 753] (Tabios).1 In doing so, we rejected the argument that the jury was erroneously instructed on the felony-murder rule based upon the predicate felony of willful shooting at an occupied vehicle. (Pen. Code, §…

2Cases cited19 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Sullivan v. LouisianaSupreme Court of the United States · 1993
  3. Griffith v. KentuckySupreme Court of the United States · 1987
  4. Linkletter v. WalkerSupreme Court of the United States · 1965
  5. People v. BrevermanCalifornia Supreme Court · 1998

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3Cited by21 opinions

  1. Martin Valdez, Jr. v. W. MontgomeryCourt of Appeals for the Ninth Circuit · 2019
  2. Dearcey Stewart v. Matthew CateCourt of Appeals for the Ninth Circuit · 2014
  3. In re Taylor, California Court of Appeal, 5th District2019
  4. Julius Robinson v. G. LewisCourt of Appeals for the Ninth Circuit · 2015
  5. In re HansenCalifornia Court of Appeal · 2014

16 more not listed; retrieve them via the Exa API.

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