Legal Opinion
People v. Fitzpatrick
California Court of Appeal
Decided January 21, 1992No. E008501PublishedCited by 32 opinions
1Opinion of the Court
Opinion
DABNEY, Acting P. J.
A jury convicted defendant Duane Keith Fitzpatrick of first degree murder (Pen. Code, § 187) 1 and found that he was armed with and personally used a firearm (§§ 12022, subd. (a), 12022.5). On appeal (People v. Fitzpatrick (Mar. 13, 1989) E004739, [nonpub. opn.]), this court reversed the judgment on the ground that erroneous jury instructions on implied malice had been given. The matter was remanded for retrial.
On retrial, a jury again convicted Fitzpatrick of first degree murder and found the armed and use allegations to be true. The court sentenced him to a…
2Cases cited15 opinions
- People v. WickershamCalifornia Supreme Court · 1982
- People v. EdwardsCalifornia Supreme Court · 1991
- People v. KarisCalifornia Supreme Court · 1988
- People v. ValentineCalifornia Supreme Court · 1946
- People v. BensonCalifornia Supreme Court · 1990
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- People v. RodriguesCalifornia Supreme Court · 1994
- People v. MayfieldCalifornia Supreme Court · 1997
- People v. HartCalifornia Supreme Court · 1999
- Daniels v. WoodfordCourt of Appeals for the Ninth Circuit · 2005
- People v. HernandezCalifornia Court of Appeal · 2010
27 more not listed; retrieve them via the Exa API.