top of page
Search

REVERSED: 'Kill Zone' Theory Jury Instruction Erroneous

In re Sambrano Docket: E078147 (Fourth Appellate District), Opinion Date: June 9, 2022. Petitioner Jesse Sambrano sought to reverse his attempted murder convictions because his jury was given a kill zone instruction that was erroneous under California v. Canizales, 7 Cal.5th 591 (2019). The State conceded the error but argued it was harmless beyond a reasonable doubt. The Court of Appeal concluded after a review of the trial court record: (1) the jury should not have been instructed on the kill zone theory at all; (2) the instruction’s description of the kill zone theory was erroneous; (3) the prosecutor relied almost exclusively on the kill zone theory in arguing that Sambrano had the necessary mental state for attempted murder; and (4) the prosecutor’s argument concerning the kill zone theory was likewise erroneous. From this, the Court could not conclude beyond a reasonable doubt that a properly instructed jury would not have reached a verdict more favorable to Sambrano. "Accordingly, the convictions on the attempted murder counts must be reversed." the petition was granted and the attempted murder convictions were vacated.


Would you like to learn more about how to prepare your loved one for their parole suitability hearing? We can help. Learn about the process and what it takes to obtain a grant of parole from someone who has received one at the first hearing! Email us at info@possesolutions.com for more information. #BPH #parolesuitability #rehabilitation #insight #remorse #paroleplans #relapsepreventionplans #remorse #responsibility





23 views0 comments

Recent Posts

See All

留言


bottom of page