People v. Montoya

Opinion by

Judge CASEBOLT.

Defendant, Phillip Montoya, appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree murder and conspiracy to commit first degree murder. We affirm.

Prosecution evidence indicated the following events occurred. Motivated by the victim’s having quit defendant’s street gang and formed another gang, defendant and other gang members decided to kill the victim. Because the defendant knew where the victim’s bedroom was located, he agreed to go with another gang member (shooter) and assist him in shooting the victim through the bedroom…