People v. Gonzalez

by
Defendant Perla Gonzalez (Perla) recruited her brother and her boyfriend to assault Roberto Canas-Fuentes (Canas). After Canas fended off a knife attack and gained the upper hand in the fight, Perla handed the boyfriend a loaded rifle. Canas wrested the rifle away and shot the boyfriend dead. The jury convicted Perla of the attempted premeditated and deliberate murder of Canas and, based on the provocative act doctrine, the first degree murder of her boyfriend. The Supreme Court affirmed, holding (1) substantial evidence supported Perla's conviction for the murder of her boyfriend; and (2) the trial court erred in instructing the jury on the requirements for premeditated and deliberate first degree murder, but the error was harmless beyond a reasonable doubt. View "People v. Gonzalez" on Justia Law