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Court of Appeal of the State of California - 231 Cal. Rptr. 832, 187 Cal. App. 3d 410
Tags: Criminal law, Accomplice liability
Luparello, a chiropractor, and his associates were convicted of conspiracy to commit assault and murder, with a firearm allegation found to be true. They appealed their convictions on various grounds, including prosecutor misconduct, instructional error, and insufficiency of evidence. The court allowed some questions about the gang's clothing but struck the prosecutor's misconduct. Luparello's claims against his counsel and the delay in the trial must fail because there was no evidence of misconduct by the prosecutor, and the delay did not violate Luparello's right to a speedy trial. The court upheld Luparello's conspiracy conviction, finding that the evidence showed a continuous course of conspiratorial conduct arising from "one overall agreement." Luparello was found criminally liable for the natural and probable consequences of the planned confrontation that resulted in the victim's death, even if he was not present during the assault. The court affirmed the previous decision, which involves allegations of prosecutorial misconduct, instructional errors, and criminal liability based on conspiracy and aiding and abetting theories.
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