Court Case: People V. Cervantes, 26 Cal

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NAME: Lilibeth Rodriguez CLASS: CRJ 2 - 11:00 AM DATE: March 10, 2016 CASE BRIEF CASE: People v. Cervantes, 26 Cal.4th 860 (2001) SUMMARY OF THE FACTS: The defendant got into an altercation with a gang member of the Alley Boys, who pulled out his gun resulting in the defendant pulling out his gun as well. Linares, a member of the same gang (Alley Boys), tried to calm down the situation and touched the defendant which resulted in the defendant shooting Linares nonfatal. The defendant being part of a different gang (Highland Street), the gang members of Alley Boys sought retaliation and fatally shot Cabrera, member of the Highland Street gang. ISSUE: (1) Whether defendant should be convicted of murder based on the provocative act murder theory. …show more content…

Even though the murder could have been done by someone else (third party), the person can still be committed for murder because their actions created a sequence of events leading to a murder which can be seen as a reckless homicide. HOLDING: The murder of Hector Cabrera cannot be held accountable to Cervantes through the Provocative Act. REASONING (RATIONALE): The defendant argues that he can’t be held accountable for the murder of Cabrera because he did not by any means try to harm/shoot Linares. Unlike the Alley Boys who shot Cabrera, because they did commit murder with malice aforethought. Also, if going by retaliation, the Alley Boys should have gotten back at Cervantes. The defendant also argues that the killing of Cabrera could not be held accountable to him because he argues that there was not enough evidence to claim that the gang members were even there to see Cervantes shoot Linares which would cause the

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