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Murder
Penal Code 187, 12022.5 & 186.22A

People v. Froilan Rivera

Published: Jun. 29, 1996 | Result Date: May 24, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 95SF0592 –  $0

Judge

Anthony J. Rackauckas

Anthony J. Rackauckas

Court

Orange Superior


Attorneys

Plaintiff

Gary S. Paer
(Orange County Superior Court)

Gary S. Paer
(Orange County Superior Court)


Defendant

Thomas Avdeef

Thomas Avdeef


Experts

Plaintiff

Jeff Blair
(technical)

Jeff Blair
(technical)

Facts

On August 28, 1995, the defendant, Froilan Rivera, a 20-year-old student and an alleged Filipino-gang member, drove by a party in Lake Forest, California. The defendant allegedly saw the victim, at the party, a rival gang member, and fired _____ shots out of the window of his vehicle. The victim was shot and killed. The defendant was charged with violation of Penal Code Sections 187 (first degree murder) 12022.5 (personal use of firearm) and 186.22B)1) (street terrorism enforcement and prevention act).

Settlement Discussions

The prosecution offered ____________________ before trial.

Injuries

Jury was instructed on a relatively new jury instruction (8.25.1), which gives the prosecutor another theory for first degree murder. Gang enhancement 186.22B)1) requires defendant to serve a minimum 15 years before becoming eligible for a parole hearing.

Other Information

First gang homicide in Lake Forest. Maximum penalty 38 years to life.

Deliberation

3 hours

Poll

12-0

Length

8 days


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