People v. Rebollar-Vergara

(Modified upon denial of rehearing 6/10/19.) Defendant was convicted, after jury trial, of 1st-degree murder, based on acts committed with his codefendant, who fatally shot a man outside a convenience store. A rational trier of fact could have found beyond a reasonable doubt that Defendant was accountable for the 1st-degree murder. Court properly denied Defendant's motions to dismiss indictment. Evidence was sufficient to support indictment, even without the challenged testimony that Defendant confessed to police and flashed gang signs at victim.Court properly excluded codefendant's statement that Defendant should not be charged. State's closing argument, which contained many references to codefendant serving as "security" for the Latin Kings gang, was not reversible prosecutorial misconduct. Nothing in record indicates that jury was misled by State's closing argument, and it need only have been arguably reasonable. (JORGENSEN, concurring and specially concurring; McLAREN, dissenting.)