Rivera v. State

Gilbert Vasquez got into a fight at the home of his friend Abel Rivera, and Abel's brothers Timotheo (defendant) and Gilbert Rivera attacked him. Timotheo stabbed Vasquez six times, and Gilbert shot him three times; Vasquez died from the combined wounds. At Timotheo's separate murder trial, the judge instructed the jury it could convict him either as the actual killer or as a party who acted together with his brother. Timotheo was convicted and appealed, arguing the evidence didn't prove beyond a reasonable doubt that he personally murdered Vasquez.