Case Name: People v. Gonzalez , CalSup , Case #: S189856
Opinion Date: 7/5/2012
, DAR #: 9375
Case Holding:
Where defendant escalated a fight by handing her accomplice a loaded gun, sufficient evidence
supports her conviction for first
degree murder under the provocative act doctrine. When she saw that
her boyfriend was losing a fight with
the man they had planned to assault, appellant
handed him a loaded rifle that she brought to the fight. The intended
victim disarmed appellant's boyfriend
and shot and killed him. Appellant contended that her conviction of first degree murder of her
boyfriend was not supported by
sufficient evidence. Affirmed. The evidence supported the conclusion
that defendant committed a provocative
act that proximately caused the intended
victim to kill appellant's boyfriend. By bringing a loaded gun to the
scene and handing it to her boyfriend,
appellant deliberately escalated the level of
violence of the encounter; this went beyond the acts necessary to
"beat up" the victim and was
"fraught with grave and inherent danger to human life." Even though a provocative act may not be
dangerous to human life in and of itself, it
nonetheless may be likely to elicit a dangerous response under the
circumstances in which it is committed.
If you, or a loved one has been charged as an accomplice to a crime, you must call an attorney as soon as possible. Accomplice liability is no joke and you could be charged with a very serious crime as in the case above. The Law Office of George Derieg is experienced with accomplice liability litigation. Do not risk being represented by a public defender, you need an attorney that understands this area of law. You need George Derieg as your attorney.
George Derieg
Attorney at Law
510-355-2747
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