Skip to content
Name: People v. Madrigal (2023) 93 Cal.App.5th 219
Case #: H046577
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/06/2023

Retroactive application of Senate Bill No. 1437 entitled defendant to reversal of first degree murder conviction, where the jury was not instructed on the new elements of felony-murder. Madrigal was among a group of four or five men who got out of a van and attacked and robbed a man on a sidewalk. One of the attackers stabbed the victim, who died soon after. The court instructed the jury on three theories of first degree murder, including felony murder in the commission of a robbery. The prosecutor conceded in closing there was no reliable evidence of who stabbed the victim.…

View Full Summary
Name: People v. Guiffreda
Case #: D079834
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 01/03/2023

Petitioner’s murder sentence must be vacated under Penal Code section 1172.6 where substantial evidence did not support a finding that she acted with reckless indifference to human life. In 2003, 19-year-old Guiffreda and codefendants Peace and Oie (Guiffreda’s husband) noted M.B. was walking around a motel with a bank envelope sticking out of his back pocket. The three planned for Guiffreda to get M.B. into a hotel room to have sex, and then Oie and Peace were going to come in, assault M.B., and take the money. After Guiffreda went with M.B. into his room, Oie and Peace stole a…

View Full Summary
Name: People v. Rodriguez
Case #: C087974
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/19/2021

In determining the sufficiency of the evidence of a special circumstance involving a murder committed during the course of a violent crime spree, the court must consider the totality of the circumstances of the ongoing criminal conspiracy, not just a single event that occurred during that crime spree. Defendant and codefendant Gamboa were charged with multiple offenses, as well as two special circumstance murders, related to a two-day crime spree in which they robbed numerous victims, killing two of them. On appeal, defendant argued the evidence was insufficient to prove the special circumstance against him as to the killing of…

View Full Summary