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People v. Concha

Supreme Court of California

218 P.3d 660 (2009)

Relevant factsFree

Concha, Hernandez, and their accomplice Sanchez cornered and repeatedly stabbed Harris during an attempted robbery, but Harris fought back with his own knife, fatally wounding Sanchez while Harris himself survived; Concha and Hernandez were convicted of attempted first-degree murder of Harris and first-degree murder of their own accomplice Sanchez, and appealed.

IssueFree

Whether a defendant may be found guilty of first-degree murder for the killing of his own accomplice, committed by the intended victim of their felony, where the defendant displayed express malice by personally acting willfully, deliberately, and with premeditation.

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