Cite as
2011 DJDAR 7157Published
May 20, 2011Filing Date
May 18, 2011Summary
The CA Supreme Court will review People v. Avila, a case from the 2nd District Court of Appeal in which the defendant, and a co-defendant, were involved in a fight with six other teenagers. The defendant was convicted of murder with a finding of premeditation and deliberation, and argued that a jury instruction was constitutionally defective because it failed to tell the jury it had to determine that first degree murder, rather than murder, was the natural and probable consequence of assault with a deadly weapon. The issue was whether the conviction based on premeditation should be reversed.
—
PEOPLE
v.
AVILA
No. S191317
C.A. 2nd, Div. 7, No. B219748
California Supreme Court
Filed May 18, 2011
Review granted on the court's own motion; briefing deferred.
Defendants' petitions for review are denied. The People's petition for review is granted. Further action in this matter is deferred pending consideration and disposition of a related issue in People v. Favor, S189317 (see Cal. Rules of Court, rule 8.512(d)(2)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 8.520, is deferred pending further order of the court.
Cantil-Sakauye, Chief Justice
Kennard, Associate Justice
Baxter, Associate Justice
Werdegar, Associate Justice
Chin, Associate Justice
Corrigan, Associate Justice
For reprint rights or to order a copy of your photo:
Email
Jeremy_Ellis@dailyjournal.com
for prices.
Direct dial: 213-229-5424