People v. Harper
California Court of Appeal
1Opinion of the Court
Opinion
McCONNELL, J.
Steven Boyd Harper appeals his conviction of first degree murder committed for the benefit of a criminal street gang. (Pen. Code, §§ 187, subd. (a), 186.22 subd. (b)(1).) He was sentenced to 25 years to life for the murder plus a 10-year consecutive criminal street gang enhancement pursuant to section 186.22.
On appeal, Harper contends his conviction must be reversed because CALJIC No. 17.41.1 (1998 new) (6th ed. 1996) was given. He also contends the court erred in imposing a 10-year criminal street gang enhancement rather than imposing the alternate criminal street gang…
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